Redondo Beach Negligent Security Lawyer

Redondo Beach Negligent Security Lawyer

Negligent security falls under the umbrella of premises liability law. It indicates that a property owner has not taken proper security measures and protections in light of foreseeable risk that has allowed room for criminal activity and danger, ultimately leading to assault and/or harm. A Redondo Beach negligent security lawyer can offer legal support if you have suffered damage and harm due to negligent security in California. 

Property Owners Have a Duty to Maintain Their Premises

It is a reasonable expectation to assume proper security measures have been taken by a property owner when entering new premises, but unfortunately, this is not always the case. In California, property owners must adhere to certain rules and regulations surrounding the security and upkeep of their property. If a property owner has not ensured proper installation and maintenance of security measures, especially in areas and property types with foreseeable risk, they can be held liable. 

Different property types require unique security measures, and at times, this is up to the property owner’s discretion based on the unique risks of their premises. Security negligence in premises liability law can be:

• A lack of security cameras and guards
• No security systems
• Poorly maintained security systems
• Not enough security lighting
• Poor or broken security lighting

A local negligent security attorney understands the unique correlation between poor security measures and serious injuries and harm. They can provide insight into your case.

Why You Should Choose McLachlan Law, APC

At McLachlan Law, APC, we have over 25 years of experience in civil litigation, successfully navigating a broad spectrum of cases. Our team strives to keep our clients’ interests in the forefront of each case and legal strategy while also ensuring their rights are being protected. With over one hundred million dollars in settlements and verdicts, McLachlan Law, APC, has confidently led hundreds of legal cases through mediations and litigations.

Negligent security cases can be uniquely challenging as there must be a direct correlation between poor security measures provided by the property owner and the injury and damage the plaintiff has endured. Negligent security lawyers can work to thoroughly understand and evaluate the case at hand and work to prove this direct connection of cause and effect. Our assault attorneys provide dependable and necessary care and direction in negligent security cases.

What Is Negligent Security?

Negligent security, which falls under the legal field of premises liability, involves properties that are inadequately secured, exposing themselves to risk and crime that leads to individuals or multiple individuals harm or damage. Negligent security claims are generally made against a property owner for not ensuring proper security protections for foreseeable risks within their property that have led to the crime or incident that ended in harm and damage.

To prove negligent security, an individual or group of individuals must show that the required protective measures were not taken by the owner, despite having full access to instances of potential foreseeable harm. In legal claims, the plaintiff needs to prove that their injuries and damages were a direct result of improper security and could have been avoided if the property owner had taken the necessary preventative action and precautions. Poor security can look as follows:

• No and/or malfunctioning fences, gates, alarms, and security cameras
• No security guards and/or unqualified and untrained security guards
• Inadequate or missing security lighting
• No emergency protocol

There is a higher risk of negligent security cases in high-traffic properties such as gas stations, restaurants, universities and schools, workplaces, hospitals, shopping centers, hotels, and more. High-traffic locations run a higher risk of crime and harmful incidents due to the higher number of individuals present as well as the easy accessibility to the public.

Regardless of location, property owners must ensure reasonable security measures are in effect and visitors of these properties should feel a good level of safety while present.
Premises liability law handles personal injury claims that can happen due to injuries and damages on property owned by other individuals and organizations. This area of law aims to uphold the local rules and regulations that aim to provide general safety to the public, ensuring safe visits to most properties.

What Is Duty of Care in Negligent Security Cases?

Foreseeable risk can be hard to prove since an individual cannot predict the future. Still, due to crime trends, property owners have a duty and responsibility to understand security risks that they could be targeted with. Negligent security cases are dependent on whether a crime was foreseeable. A foreseeable risk can be determined by reviewing local crime rates and incidents to maintain awareness of what criminal situations are happening locally.

When owners identify potential risks from the crimes that are occurring locally, it is their responsibility to adjust safety protocols and protection measures. This process of adjusting safety measures due to local crime activity lessens the potential that the same criminal actions will occur on their property, and in the unfortunate case that it does, the owner can show that they did all that was within their control to set up security and promote safety on their land.

What Is Duty of Care in Negligent Security Cases?

Property owners are responsible for adhering to local rules and regulations related to the management and running of their properties in the Redondo Beach area. Duty of care refers to the requirements in negligent security cases, that property owners are monitored by.

The duty of care generally refers to any legal obligation that is imposed on an individual or organization. In the case of negligent security, property owners have a responsibility to the safety of their property and the protection of any individuals present on their premises.

Duty of care does not automatically mean that any unique incident that leads to injury or damage on a property is at the fault of the property owner, but there are instances where the non-adherence and negligence to property standards by the owner can directly lead to negative repercussions. Property owners should take their duty of care seriously as often it can make them liable for claims in the event of an incident on their premises.

What Is a Foreseeable Risk?

Foreseeable risk in negligent security refers to the responsibility property owners hold to understanding potential security risks that their properties could be targeted with. Determining a foreseeable risk may seem complicated, but there are several methods to understanding these potential security breaches. Risk can be determined by reviewing both local crime rates and incidents to maintain awareness of the criminal incidents happening locally and in similar properties.

In negligent security cases, foreseeable risk is a paramount piece of proving fault, as these cases must prove that the property owner could have reasonably provided security measures to protect against this incident in advance. When a property owner identifies potential risks from crimes occurring locally and in similar properties, it is their responsibility to respond by adjusting safety protocol and protection measures.

How to Establish Fault in a Negligent Security Case

To establish fault in a negligent security case, an individual or group of individuals must demonstrate that the property owner or possessor failed to take reasonable steps to provide adequate security measures that directly lead to harm or injury. It can be difficult to establish fault in these cases, but several general steps and considerations help in proving responsibility, like the following:

• Duty of care and foreseeability. By establishing the duty of care and foreseeability, individuals can prove through evidence the fault of the incident and show that adequate prevention measures were not taken before the incident.
• Security assessments. Individuals can investigate if the property owner has conducted reasonable security assessments to identify potential vulnerabilities and risks.
• Failure to warn. If the property owner had known of potential security risks and had failed to warn visitors about these vulnerabilities, this can help in proving fault.
• Causation. Establishing a direct link between the harm suffered and the lack of adequate security measures is essential to proving fault.

Why Do I Need a Negligent Security Lawyer?

In any negligent security case, it is a great challenge to adequately and accurately prove fault in the incident. Negligent security lawyers provide essential representation and assistance for their clients by properly establishing fault and providing a full and accurate account of the incident. The advocacy of a personal injury and/or assault attorney in negligent security cases seeks full and fair compensation for their clients’ damages and injuries.

One of the ways an attorney provides crucial support in a negligent security case is with a robust case evaluation. Starting with this evaluation, your attorney can get fully acquainted with the circumstances surrounding the case and provide valuable insights into the claim’s viability.

After completing a thorough case evaluation, an attorney can offer essential legal advice and ensure a fair and thorough look into the facts of the case to support their client’s claims. Evidence can look like seeking witness statements, surveillance footage of the incident, local crime statistics, and speaking with security experts who can expand on local industry standards.

Organizing and gathering documentation for a case can be an overwhelming prospect for many filing a claim for negligent security. An attorney can help ensure that all needed documentation, like police reports, medical records, and other evidence, is accounted for and filed.

During the legal claim process, attorneys are present to offer representation in negotiations and in the courtroom if settlements are not agreed upon. Attorneys are experienced in faithfully representing their clients’ interests and rights while skillfully challenging the opposing parties’ arguments. The support of a legal advocate offers peace of mind and comfort throughout their case.

California Laws That Impact Negligent Security

In Redondo Beach, California, there are many laws that impact negligent security. Legal rules and regulations relating to negligent security are a part of premises liability law. Negligent security claims emphasize the property owner’s responsibility to provide reasonable security measures related to foreseeable harm. Below are several key regulations that apply to negligent security in California:

• Foreseeability. Negligent security refers to the concept of foreseeability that revolves around determining whether a property owner could have reasonably anticipated a criminal act. If the property owner is cognizant of prior incidents in their area or on comparable properties yet neglects to implement sufficient safeguards, they may be deemed legally responsible.
• Duty of care. Owners of property bear a legal responsibility to ensure their premises are kept in a condition that is reasonably safe and meets a standard of care. This duty encompasses the requirement to establish and maintain reasonable security measures, safeguarding visitors and occupants against criminal acts that could reasonably be anticipated.
• Proximate cause. In building a robust claim of negligent security, it is essential to provide evidence establishing a direct connection (proximate cause) between the insufficient security measures and the harm endured by the victim.
• Standard of care. Property owners are held to a prescribed standard of care, encompassing elements such as security personnel, adequate lighting, surveillance systems, and access control. It is not only imperative to implement this standard but also crucial to consistently uphold and maintain it.
• Assumption of responsibility. When property owners willingly undertake the duty of ensuring security, for instance, by employing a security guard, they may be held to an elevated standard. Failure to meet this assumed responsibility can result in legal liability in court.
• Comparative negligence. In California, a comparative negligence system is observed, wherein if the injured party is determined to have played a role in causing their own injuries to some extent, the compensation they receive may be diminished proportionally based on the degree of their fault.
• Statute of limitations. You must file a negligent security claim within a specific timeframe. This is known as the statute of limitations. In California, you typically have two years from the date of the injury to file your claim, though certain exceptions may apply.

It is important to note that many jurisdictions change and shift the laws that impact negligent security. A consultation from a California-based personal injury attorney offers insight into current laws and regulations that can impact the legitimacies of claims.

Contact McLachlan Law, APC, for Your Negligent Security Case Today

A negligent security attorney can positively benefit legal cases by offering experienced and essential legal understanding. Their insight can help you file a thorough and well-supported case. An experienced personal injury lawyer hopes to step into their clients’ challenging circumstances and offer consistent and tangible assistance.

If you believe you have a negligent security case and have suffered injuries or damages as a result, a Redondo Beach negligent security lawyer is available to help. Michael McLachlan believe that any injuries and damages you have endured due to the ill security planning of a property owner deserve a fair trial to seek compensation.

Contact McLachlan Law, APC, today for a consultation. We are ready and available to answer any questions and concerns you have while providing ongoing legal support as you navigate your negligent security case.