Assaults, Personal Injury, and Premises Liability
Who’s Liable for Human-on-Human Assault That Occur on Public Property?
Human attacks on other humans can be very unpredictable. And when a tragedy such as a robbery or a mass shooting occurs, the victims may not know whether to blame the premises owner, gun manufacturer, local police, or even themselves.
A property or business owner may not be able to predict the future, but it is still their responsibility to provide reasonable security measures to protect lawful guests from foreseeable crimes.
The property owner may be accused of negligent security if the crime could have been prevented or less likely to happen had there been adequate security. Residential and commercial landowners can be sued for negligent security. However, the scope of that owner’s responsibility is dependent on the property. West Coast Trial Lawyers understand premises liability in Los Angeles and will fight for your personal injury case.
In the state of California, it is up to the plaintiff or victim to prove that the property owner acted negligently by failing to provide the proper security or not taking measures to protect a resident from prior criminal activities. The plaintiff would have to show that they have the legal right to be on the land, as well as the owner’s lack of responsibility and duty of care. They must also prove that the owner’s actions or lack thereof directly caused their injury.
An important factor in proving your premises liability/negligent security case is proving that the crime was foreseeable. This could be based on whether similar crimes happened near or around the location, or that the owner already knew about the safety concerns. For example, if several robberies happened in a store, it is likely that another robbery may occur. A judge may examine how many times the police were called to the location and if the nature of the crimes were similar.
The level of security needed varies per venue. While some properties require trained security professionals on the premises during business hours or when guests are on the property, other venues simply need adequate lighting, functional locks, and security cameras. The volume of people on the premises also affects the security, as safety concerns increase with larger groups of people.
Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
The third type of damages a California court may award are known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5 percent of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
West Coast Trial Lawyers Will Fight for Your Premises Liability Case
In California, it is the duty of the property owner to provide adequate safety precautions for all the guests who are legally allowed to be on the property. When a crime has become a pattern around a certain area it is understood that crime is, in fact, foreseeable. Therefore, the owner must take reasonable action. If you have sustained injuries in the city of Los Angeles as a result of a premises liability accident, an attorney at our firm can help you recover financial compensation for the losses you have suffered, including medical bills, property damage, lost wages, and pain and suffering. Call West Coast Trial Lawyers today at (213) 927-3700 or email [email protected] to schedule a free consultation with our experienced, caring, and compassionate legal team.