One of life’s most tragic realities is that everyone will eventually have to deal with the death of a loved one. A criminal attack on a loved one makes the loss much more painful. It is imperative that the culprit be brought to justice. A business or property owner may also be held liable in a civil suit if the incident occurred on their premises.
Under the notion of negligent security, California business and property owners may be held legally accountable for a murder that takes place on their grounds. These scenarios are really convoluted. Here, Stockton wrongful death attorney, California, discusses negligent security lawsuits in California.
What Is Meant by the Term “Negligent Security”?
Negligent security is a legal concept in the state of California that holds property owners or property occupiers (companies) liable for injuries sustained on their premises as a result of lax security. It’s a form of “premises liability” lawsuit. A victim may have been harmed as a direct result of physical violence or some other form of criminal action. Unfortunately, some of these assaults result in murder. In the event of a fatality on the premises, a California business or property owner who fails to maintain reasonable security may be held accountable. For the most part, apartment buildings, hotels, parking lots, banks (ATMs), and other enterprises are the sites of negligent security cases.
Claims based on negligence or fault, such as wrongful death or security breaches.
Claims for wrongful death and lawsuits for negligent security are both fault-based cases in California law. In other words, if a fatal accident does place on the property of a Stockton business or homeowner, neither party will be held responsible. Instead, these defendants will only be held legally liable for a third party’s homicide if the victim’s family can show that the defendants’ own negligence had a role in the victim’s demise.
If someone you love died because of someone else’s negligence, how long do you have to file a wrongful death claim in Stockton?
Legal action for wrongful death must be initiated within two years after the decedent’s death in California (Cal. Civ. Proc. Code, 335.1). Wrongful death lawsuits based on negligent security follow the same time restriction. An exemption may be made in certain cases, such as when the decedent’s death was not readily apparent or discoverable. Get proactive and talk to a wrongful death lawyer in Stockton, California right away.