Is Negligent Security A Premises Liability Case?

Michael Waks

10 years ago

One of the most misunderstood terms used by personal injury lawyers is “premises liability.” Although people think it is interchangeable with slip and fall accidents, premises liability is actually the broader category that includes slip, trip and falls. According to the National Floor Safety Institute, slip and falls account for over 1 million visits to the emergency room each year, so it is understandable that people are most familiar with that type of accident.

Premises liability is the area of law that requires property owners and occupiers to provide a safe environment for guests, visitors and customers. If the owner or tenant breaches this legal responsibility, he or she may be held responsible, or liable, for accidents and injuries that occur on the property.

What Accidents Fall Under Premises Liability?

California courts have ruled that property owners and occupiers must maintain the property in their possession and/or control in a reasonably safe condition. As with all personal injury accidents, premises liability cases are based on negligence. In order to prove an owner or tenant was negligent in their duty to maintain the property in a safe condition, a personal injury attorney must show that:

a dangerous condition existed on the property;
the owner knew, or should have known, about the dangerous condition; and,
the owner failed to correct the condition.

The types of cases covered under premises liability include:

Negligent security
Slips and falls
Dog bites
Drowning
Electrocution
Improper commercial displays
Construction site accidents
Fires and explosions
Exposure to hazardous materials
Failure to post adequate warnings

What is Negligent Security?

Property and business owners are not typically liable for crimes committed on their property, but California courts have held they do have a duty to take reasonable measures to deter or prevent crimes on their property. This standard requires businesses and owners to weigh the “foreseeability of the risk of harm balanced against the extent of the burden of eliminating or mitigating that risk.”

Reasonable security measures a property or business owner may take to prevent crimes on their property include installing adequate lighting, security cameras and locks, and hiring security guards.

The most common places where claims of negligent security arise include:

Shopping malls
Parking lots and parking garages
Stairwells
ATMs
Office buildings
Apartment buildings

Victims who have been harmed because a property owner or tenant failed to take reasonable measures to provide a safe environment may be entitled to receive compensation for damages. Premises liability is a complex area of law. Anyone who is injured due to an unsafe or defective condition on someone’s property should consult with a premises liability lawyer who can hold the owners and/or occupiers of that property responsible for damages incurred.

Contact an Experienced Long Beach Premises Liability Attorney to Assist with Your Claim

“Your Injuries are Personal to Me”

My law practice exclusively represents personal injury victims and does so with a deep understanding of their suffering and an absolute commitment to their recovery. I take your injuries personally, and that is why I directly handle all aspects of every case to ensure that you receive maximum compensation.

Call the Law Office of Michael D. Waks at 888-394-1174 or use the convenient online contact form to schedule a free consultation. You are under no obligation and you will never pay any money unless you recover damages for your injuries. I offer bilingual services as part of my comprehensive approach to legal representation and I am available 24/7 to talk to you about your case.

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Michael Waks

Michael Waks is an aggressive advocate for people who have suffered because of someone else’s actions. Michael decided to become a personal injury lawyer when, while clerking at a legal defense firm during law school, he witnessed and was infuriated by asbestos manufacturers spending millions to avoid taking responsibility for the egregious injuries they caused. Immediately after passing the bar, Michael opened his own firm in Long Beach, CA to help the victims of personal injury accidents get every benefit owed them under the law.