When a business or property owner in California doesn’t take reasonable security measures to keep guests safe, they could be liable for third-party attacks. This type of case falls under negligent security law.
Factors that determine liability
Part of premises liability is keeping guests safe from criminal conduct. California looks for two things to be true in a negligent security case: The business or property owner should have anticipated that the type of criminal conduct was a risk, and they failed to take reasonable precautions to protect guests from the criminal act.
California doesn’t expect all businesses to take the same level of security because the size and type of the business influence the risks. Thus, what is negligent security in one case may not be in another. Not every property, for instance, needs to have security guards. For properties that should have security guards, you may be able to sue them for negligent security if they were lacking in any way. Understaffed and undertrained security counts as negligent security. In order to file a claim, you must have been on the property lawfully.
More examples of negligent security
If the lighting where you sustained injury was inadequate or broken, you may have a negligent security claim. Lack of working locks on windows and doors is also a premises liability issue. California expects many businesses to have adequate camera surveillance. Failure to screen entrances is another possible negligent security claim.
Businesses that are in an area with a high crime rate should have surveillance cameras to help protect customers. If a business, such as a bar, develops a reputation for having a rowdy clientele, then the law will also expect them to up their security regardless of the neighborhood’s crime rate.
Property owners must provide reasonable care to all lawful guests. If a third party injures a visitor on their property, then they might be liable when reasonable security measures weren’t in place.