Negligent Security in LA: Can You Sue a Business for Assault on Their Property?
Victims of assault on commercial property in Los Angeles often question whether the business could be held accountable for injuries sustained during the incident.
Under California law, businesses must maintain a safe environment for customers and visitors. When they fail to do this, resulting in harm, victims may sue a business for assault on their property. Understanding negligent security in LA and when liability applies could lead to financial compensation for victims who suffered physical and emotional injuries.
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When Can You Sue a Business for Assault on Their Property?
If assaulted on commercial premises due to inadequate security, victims have the right to seek damages. California premises liability laws state clearly that property owners or businesses must protect visitors reasonably from foreseeable criminal acts. Failure to provide proper lighting, security cameras, guards, or secure entrances might justify legal action under negligent security in LA claims.
Who is Responsible?
Property owners, business operators, property managers, or security companies contracted to safeguard a commercial property can be responsible. Liability depends on the duty to provide safety, evidence of negligence, and whether the assault was predictable based on previous crime in the area.
For instance, if prior assaults or violent crimes occurred at a shopping mall and the property owner failed to increase security measures, the victim can hold the business liable.
Examples of Negligent Security Situations
Common scenarios where negligent security in LA might justify a lawsuit include:
- A nightclub that failed to hire sufficient security personnel, leading to assault incidents.
- An apartment complex lacking proper lighting in parking lots, enabling violent attacks.
- Shopping centers with faulty security gates, allowing criminals easy access.
- Hotels ignoring guest complaints about suspicious activities, resulting in harm.
- Convenience stores with dysfunctional or inadequate security cameras.
Elements Establishing Liability
To successfully sue a business for assault on their property, victims must prove several key factors:
- Duty of Care: Businesses must reasonably protect visitors. They owe this duty by law, clearly outlined on official California state websites courts.ca.gov.
- Breach of Duty: Demonstrating that the property owner or manager neglected basic safety measures.
- Causation: Linking the lack of proper security directly to the victim’s injuries.
- Damages: Providing evidence of harm such as medical records, lost wages, and emotional distress.
When a Business Might NOT Be Liable
A business is less likely liable if the assault was unpredictable or beyond reasonable foresight. For example:
- A sudden, unprecedented violent attack with no similar previous incidents reported.
- Situations where adequate security was in place, and the assault happened despite proper measures.
- Assaults triggered entirely by the victim’s own provocation or aggressive actions.
- Property owners are typically not liable for random, unpredictable events where they reasonably could not have anticipated or prevented the assault.
Benefits of Filing a Negligent Security Claim
Victims suing a business for assault on their property often gain considerable benefits. Financial compensation may include:
- Medical bills and rehabilitation costs
- Permanent injury
- Lost income due to time away from work
- Emotional distress and psychological trauma
- Pain and suffering damages
- Wrongful death
Successful claims incentivize businesses to improve safety measures, reducing future risks for others.
Claims for Negligent Security in LA: FAQs
Does filing a negligent security claim impact the criminal charges against the assailant?
No. Civil claims for negligent security are independent of criminal assault and battery cases. Victims can file civil suits regardless of the criminal case outcome.
How long do I have to file a negligent security lawsuit in California?
California has a two-year statute of limitations for personal injury cases, including negligent security claims. Delaying could bar you from pursuing compensation (see California Code of Civil Procedure §335.1).
Can I file a lawsuit even if I didn’t report the assault immediately?
Yes, but delayed reporting may complicate the case. Timely reports enhance credibility and preserve evidence.
What if the attacker was an employee of the business?
Businesses could be liable under negligent hiring, training, or supervision theories, especially if they failed to screen or manage employees properly.
Do assault and battery premises liability claims always go to court?
Many claims settle out of court. Skilled legal representation increases the likelihood of a favorable settlement without trial.
Contact RTM Law Personal Injury Attorney for Expert Legal Help. Free Consultation.
Victims of negligent security in LA deserve justice and compensation. RTM Law, APC premises liability lawyers fight aggressively for victims’ rights without charging fees — unless we win your case.
Our multi-lingual team speaks Spanish and Filipino, ensuring accessible legal services for diverse communities.
Waiting weakens your claim. Call our team today for a free, confidential review of your case.
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