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An Overview of Negligent Security Claims in California

Steven R. Andrade Oct. 15, 2021

When you are out in public, you have the fair and reasonable expectation that you will be kept safe. Businesses, landlords, and other property owners in Santa Barbara County have a basic legal responsibility to protect the health and safety of guests and other guests. They could be held legally liable if a criminal attack occurs on their premises that could and should have been prevented with proper security precautions. In this article, our Santa Barbara premises liability lawyer provides an overview of negligent security claims in California.

California Law: Businesses and Property Owners Should Provide Adequate Security

In California, a business or property owner whose premises are open to the public can potentially be held liable for the criminal conduct of a third party. This type of premises liability claim is called a negligent security claim. As explained in the Judicial Council of California Civil Jury Instructions (CACI No. 1005), a business/property owner can be held liable for the criminal conduct of a third party if:

  • They failed to use reasonable care to protect customers, patrons, tenants, or other guests from criminal conduct; and

  • They should have anticipated that such a criminal act was a risk.

Some of the Most Common Examples of Negligent Security

Ultimately, negligent security claims in California are always assessed on a case-by-case basis. What constitutes “reasonable care” and “proper security” depends on a wide range of different factors, including things such as the size of the business and the general risks associated with it. Not all businesses are expected to provide the same level of security. Some of the most notable examples of negligent security include:

  • Lack of working locks on doors or windows;

  • Insufficient security cameras or other surveillance;

  • Failure to screen entrances;

  • Broken or inadequate lighting;

  • Lack of enough security personnel: and

  • Untrained or undertrained security guards.

You Deserve Full and Fair Financial Compensation for Your Injuries

Through a successful negligent security claim, you can seek compensation for economic and non-economic damages. A skilled Santa Barbara, CA premises liability lawyer can help you recover financial support for the full extent of your losses. Depending on the specific circumstances of your case, you may be eligible to recover financial compensation for:

  • Property damages;

  • Emergency room treatment;

  • Hospital bills and other medical expenses;

  • Physical therapy and mental health counseling;

  • Lost wages and diminished earning capacity;

  • Pain and suffering;

  • Scarring and disfigurement;

  • Long-term disability; and

  • Wrongful death of a close relative.

Contact Our Santa Barbara, Ca Negligent Security Attorney for Immediate Help

At Andrade Law Offices, our Santa Barbara personal injury lawyer has the professional skills and legal experience to handle negligent security claims. If you or your family member was injured because a business or property owner failed to take proper safety precautions, we can help. Call us now or contact us today for a free, no obligation consultation. With a law office in Santa Barbara, we provide negligent security representation throughout Santa Barbara County.