Negligent Security FAQ

What Is Negligent Security?

Negligent security means that business owners fail to provide adequate safety measures to protect guests from reasonably foreseeable danger or harm. A business owner can be held responsible for injuries that you suffer because of violent and/or criminal activity on their premises. This applies to any business open to the public, including:

  • Hotels
  • Restaurants
  • Bars
  • Grocery stores
  • Jewelry stores
  • Antique shops
  • Parking garages and parking lots
  • ATMs
  • Stadiums
  • Nightclubs

If a business invites guests or patrons onto the property, whether by appointment or during set hours, it will be considered open to the public.

What Is A Business Owner Liable For?

A business owner can only be liable for harm caused by a third person if the harmful conduct is foreseeable. The owner must have some indication that criminal or harmful behavior could potentially harm guests. Indicators of harmful conduct that may be foreseeable include:

  • A history of crime or harmful conduct at the business itself
  • A heightened crime rate in the surrounding area
  • A recent string of crimes in the area
  • Specific threats of harm targeted at the business or area
  • Broken windows, break-ins and acts of vandalism

Business owners do not necessarily have to hire security guards for their premise unless they are aware of danger such as from previous incidents on their property. For example, if the police have been called to their parking lot on numerous occasions, they would be wise to hire security guards.

When Should I File A Negligent Security Claim?

Because California limits the amount of time you have to file a personal injury claim for damages to two years, it is best to file your claim as soon as possible after your injury.  In most injury cases, including those based on negligent security, you will have two years from the date of your accident to file a claim. You can be prevented from getting the money you need if you don’t file your claim before the statute of limitation expires.

There are exceptions that can allow you to extend the amount of time you have to file a claim. These include:

  • There was a reasonable delay in the discovery of your injury
  • The negligent business owner is incarcerated or cannot be found
  • You were a minor when you sustained the injury

It’s important to contact an attorney as soon as you can after your accident. Call our Orange County negligent security attorneys today to get started on your legal claim.

What Compensation Is Available For Negligent Security Injury Victims?

The harmful and/or criminal acts of a third person can cause you to suffer from a wide range of injuries. Even the least serious injuries can still disrupt your life for an extended period of time. Your injury may force you to miss time at work and is likely to generate costly medical bills. Filing a personal injury lawsuit against the negligent business owner can allow you to recover the money you need and deserve.

At the Law Offices of John Rapillo, our attorneys will pursue compensation on your behalf. In most cases, you will be entitled to receive economic and noneconomic awards. 

Economic Damages

Economic damages are intended to help you with the financial costs of your injury. Receiving economic damages should put you back in the financial situation you were in before you were injured. Commonly awarded economic damages include those for:

  • Medical expenses
  • Rehabilitation
  • Lost wages
  • Disability
  • Reduced earning capacity.

Our attorneys will thoroughly investigate your accident and injury to make sure that all of your financial costs are identified. We not only look at your actual costs today but also work to determine how your injury may affect you in the future.

Noneconomic Damages

Some injuries will not have a specific or direct financial cost. These injuries are no less serious, and our attorneys will make sure that you receive the compensation you deserve. Commonly awarded noneconomic damages include those for:

  • Pain and suffering
  • Emotional trauma
  • Embarrassment
  • Disfigurement
  • Loss of enjoyment of life

Have You Been Injured Because Of A Business Owner’s Negligent Security Measures?

Contact the Law Offices of John Rapillo to schedule a free consultation at 949-652-2604. We will fight to make sure that you receive the compensation you deserve.