Inadequate Maintenance or Security of Premises
When you visit a business or private home, you do so under the belief that the property is safe. Sometimes, however, a property owner fails to adequately maintain a property or fails to provide adequate security and that failure causes a visitor to suffer an injury accident. When that happens, the victim may be entitled to compensation for the physical and emotional injuries caused by the accident.
Premises Liability Basics
Premises liability is the area of the law that focuses on injuries to your person or property while you are on the property of another. In California, the law imposes a duty of care on a commercial or residential property owner, occupier, or controller to keep their property in a reasonably safe condition. That includes providing adequate maintenance and security.
Inadequate Maintenance
The duty of care imposed by the law requires a property owner or occupier to exercise reasonable care with regard to the maintenance of the property. This means that the owner needs to take all reasonable steps to uncover potential hazards and conduct necessary maintenance in a timely manner when a hazard is uncovered. Common examples of inadequate maintenance that can lead to injury include:
- A condominium or HOA that fails to properly maintain the pool or clubhouse which results in a water hazard.
- A hotel that does not fix a broken handrail on the stair.
- A business that fails to fix broken concrete on the walkway.
- A restaurant that fails to install or check smoke or fire alarms.
- A hotel that fails to conduct regular inspections of the elevators, escalators, or staircases.
- A private property owner that fails to secure loose ceiling boards
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Inadequate Security
Just as a property owner is required to be aware of, and make safe, hazards on the property, that same property owner is also responsible for adequate security on the property. While this can apply to a private property owner, premises liability lawsuits based on inadequate security are most often based on injuries that occurred on a commercial property. This is because we tend to impose a higher standard when it comes to providing security on businesses that benefit from visitors to the property. Examples of situations in which a property owner might be held legally liable for inadequate security include:
- Failing to install security systems to deter criminal activity in a parking lot or garage.
- Failing to implement adequate security procedures on the premises.
- Failing to provide adequate lighting inside a building to help prevent slip and falls, or intentional attacks
- Failing to implement an administrative system that guards client information
- Failing to conduct background checks on security and other employees
- Failing to properly train and supervise employees
- Failing to provide adequate security guards at a nightclub, concert, or sporting event
- Failing to respond in a timely manner to a security alert or emergency call
If you were injured in a premises liability accident as a result of inadequate maintenance or security, you may be entitled to compensation for all your personal injuries, including both the physical injuries and psychological trauma you suffered in the accident.
