If you were attacked or injured because of a lack of proper security measures, you may be entitled to compensation. At Golden State Lawyers, APC, our attorneys have served the people in and around San Jose, Sunnyvale, Palo Alto, Cupertino, Los Gatos and Campbell for more than 40 years. While all property owners are required to maintain reasonably safe premises, they are not all obligated to ensure your safety from action by third parties. However, in the event that there is a pattern of crime in the area or criminal activity is otherwise foreseeable, the responsible party must provide sufficient protection and security.
The Negligence Standard
Courts may employ the negligence standard in establishing liability for a personal injury caused by inadequate security regardless whether the injury occurred on public property or private property. The four elements of a negligence claim are:
- Duty — Every property owner is obligated to take measures to prevent foreseeable harmful acts by third parties on their premises.
- Breach — If the duty is not satisfied, the landowner may be in breach of the duty.
- Causation — A successful claimant must establish that the breach of duty caused the injury.
- Harm — There must be actual physical, emotional or financial harm in every negligence case.
If all of these elements are satisfied, then the liable party may be responsible for paying for the resulting economic and non-economic damages. For example, if an apartment building owner in downtown San Jose fails to maintain working locks on the lobby door, and a criminal enters and damages your property or attacks you physically, you may be able to prevail on a negligence claim.
Liable Parites in Negligent Security Cases
If an individual or company breaches its legal duty to provide adequate security and you were harmed as a result, our injury attorneys fight for you. We investigate any pattern of criminal activity and demonstrate all the reasons why the landowner should be held liable for failing to take appropriate measures to guard people from obvious dangers posed by others. Liable parties in negligent security cases can include:
- A nightclub, bar or lounge proprietor
- A sporting event arena
- A hotel in a locale with a history of criminal activity
- The owner of an apartment building in a high-crime area
- A commercial office building where high-equity professionals work
- A bank
- An amusement park
- A parking garage owner
Our dedicated San Jose attorneys are eager to hear your story about a negligent security situation and find out why you were not provided the proper protection. We strive to hold the negligent parties accountable.
Free Initial Consultations
At Golden State Lawyers, we offer initial consultations absolutely free of charge. Also, we operate on a contingency fee basis, which means you only pay for our legal services if you obtain a recovery. Our firm serves clients in and around San Jose, and we visit you in your home or hospital if traveling is difficult. Contact us online, or call 408-279-4222 today to discuss your case.