Negligent Security – Know Your Legal Rights

Businesses are responsible to ensure the safety of individuals within the premises. They are required to take measures including hiring security guards to prevent any foreseeable criminal acts. In this article, you will know about the legal actions that you can take against a business owner for negligent security.

Negligent Security in the Legal Context

Injury due to negligent security is a type of premises liability. Although they happen fairly often, bar fights can be dangerous when intoxicated people get angry. One notable nightclub attack in Santa Ana resulted in the death of the patron who was attacked. In some instances, the business owner must compensate the victims for injuries and damages that occurred due to a third-party crime within the premises. Premises liability cases in California are governed by the principles of negligence and controlled by the statute law.

As with other cases of negligence, the injured person has the responsibility to establish that the injury involving a third-party crime within the facility occurred due to negligent security. In order to win the case, the individual has to prove that:

  • Plaintiff was present inside the property lawfully
  • Plaintiff suffered serious injuries
  • The injuries occurred due to the breach of the business owner’s duty to provide reasonable security

What’s the Legal Process Involved in Suing a Business Owner for Negligent Security?

The exact procedure for suing a business owner for negligent security differs depending on the complexity and nature of the legal issues. Every case regarding negligent security starts with the filing of a Summons and Complaint. After the complaint has been filed, the defendant should be notified by serving a notice of the complaint.
The defendant needs to reply to the notice of Summons and Complaint within 30 days of receiving the notice. The response is made either by pleading the sufficiency of the complaint or by writing an Answer to the Complaint. The process of pleading to the complaint is known as ‘motion to strike’ or a ‘demurrer’.

Hire a Professional Personal Injury Attorney in California

Negligent security cases are complex involving complicated litigation and investigations. The plaintiff needs to prove that the criminal activity by the third-party within the premises should have been foreseen by the defendant. Without the help of a professional personal injury lawyer, proving this point in the court is difficult.
That’s why you should hire an experienced personal injury attorney in cases involving negligent security. By partnering with a professional lawyer, you will be able to prove without any reasonable doubt that the business owner should have foreseen the likelihood of a criminal incident within the premises that resulted in a serious injury.

If you reside in Santa Ana or other areas in Orange County, you should contact Shield Litigation, LLP, a Santa Ana bar fight & negligent security law firm to get in touch with a professional injury attorney. Injured persons have the legal right to be compensated fairly if the injury occurred due to negligent duty. We can help you get the compensation that you deserve.