When you are on someone else’s property, you expect them to maintain the highest standard of care towards you. This means taking all necessary steps to keep you safe and prevent foreseeable harm from happening.
In most cases, this duty is met through providing adequate security measures such as hiring quality security personnel to man the property, erecting barriers to prevent access by unauthorized persons or intruders, and ensuring that dark areas such as parking lots are well-lit.
If they fail to meet this duty, a premises liability lawyer in Fresno can help you hold them accountable for your losses. Contact a Fresno negligent security lawyer from Lone Star Injury Attorneys to learn more.
Do You Need a Lawyer?
Our Fresno personal injury lawyers at Lone Star Injury Attorneys know that when this duty of care is breached, accidents are likely to happen. Unfortunately, many of them involve negligent security incidents such as assault, muggings, robbery, theft, and battery, among others.
When such things happen, victims have the right to take legal action against the property owner and other third parties that may have contributed to the incident. Although state prosecutors provide criminal remedies for such acts, victims can file civil charges for these events.
This allows them to recover compensation for losses suffered with the help of a skilled Fresno negligent security lawyer.
For a free legal consultation with a negligent security lawyer serving Fresno, call (832) 449-8230
What Is Negligent Security?
Property owners have a duty toward visitors and other parties legally on their premises. Therefore, they have a legal obligation to assess any potential hazards present and undertake necessary precautions to mitigate foreseeable harm or incidents from happening.
Depending on the setting, different measures can be undertaken. They include providing sufficient lighting in dark areas, employing security personnel in areas with a history of issues, and preventing access by intruders through the erection of barriers, among other steps.
If these measures are not undertaken, and a foreseeable risk occurs, resulting in injury, death, or property loss, the affected parties can file a negligent security case. This claim borrows from premises liability laws, which state that property owners have a duty to take reasonable steps to mitigate foreseeable harm.
Business owners must maintain the highest standard of care, especially in the following business categories:
- Nightclubs and bars
- Apartment complexes
- Hotels and motels
- Shopping malls and grocery stores
- Parking lots
- Bus and train stations
- Theaters and stadiums
If you are legally in any of these establishments, you are owed a duty to ensure you are reasonably safe from muggings, assault, or any other form of attack. If this duty is breached and you are attacked, you have the right to file a claim with the help of a qualified Fresno negligent security attorney.
Fresno Negligent Security Lawyer Near Me (832) 449-8230
How Do I Prove a Negligent Security Claim in Fresno?
To establish your personal injury claim following an injury arising from negligent security, you must prove the following elements:
A Duty of Care Was Owed to You
The duty of care in negligent security will depend on the facts of each case. For instance, while the law requires all business owners to provide reasonable care, this duty is higher for businesses or premises in high-risk areas.
Therefore, what is reasonable in one situation may be completely different and distinct from another. When filing a case, your Fresno negligent security attorney must prove that you were owed a reasonable duty of care.
The Duty of Care Was Breached
Next, your legal team must show how the duty of care was not met. Proving that another party failed to comply with state laws or as per contract requires a thorough assessment of the circumstances of the incident.
Some of the questions that are likely to arise include:
- Were the premises in a high-risk area?
- Did the owner or manager take any steps to minimize the risk of attacks or injury?
- Were the precautions enough to ensure your safety?
Failure to do what a reasonable person would do to minimize the risk of harm amounts to a breach of duty. As a result, the negligent party or persons risk facing civil charges.
Causation
If you can prove the duty of care owed to you was breached, you must show how it caused your injuries or losses. Causation establishes a direct link between the other party’s failure to observe the duty of care and the resulting harm.
Obtaining eyewitness statements, police reports, testimonials from expert witnesses, and medical records could help prove causation in a negligent security case.
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Get Help From Our Experienced Negligent Security Lawyers in Fresno
If you have been a victim of assault or lost a loved one due to insufficient security measures on someone else’s property, reach out to our team right now for a free consultation.
Our Fresno negligent security attorneys will review your case and advise on the next steps.
Call or text (832) 449-8230 or complete a Free Case Evaluation form