Business Owner Liability for Assault and Battery in a Parking Lot

Many people suffer irreparable harm in criminal incidents all over California. These incidents can happen anywhere, day or night, even in places with security guards and cameras. However, there is no denying that security measures reduce the potential for robbery, rape, carjacking, and other terrifying events. In most of these cases, people are assaulted by the perpetrator, which brings up the issue of who is liable for the victim’s injuries and financial losses.

In California, property owners may be liable for physical and sexual assault in a parking lot, or any other area of their property. Liability is based on the owner’s failure to implement reasonable security measures that could have kept the victim from being injured. The assault and battery lawyers of Normandie are ready to fight for the victims of negligence by business owners and ensure that justice is served in the form of monetary compensation.

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Negligent Security at a Business Location

The premises liability laws in California require property owners to protect their customers, guests, tenants, and visitors from reasonably foreseeable harm. This obligation does not mean that business owners have to predict and stop criminal acts in a parking lot. But they must take precautions that are within reason to protect others from potentially harmful conduct.

It’s no secret that parking lots are often used by criminals for muggings, sexual assault, and other offenses. While the rate of crime in higher in urban neighborhoods, people are vulnerable in any parking lot that with inadequate lighting, no security cameras, and other common-sense safety measures. Overall, criminals are more active at night, especially in parking lots that are far away from the main property or in the back of a building, away from the main road.

Grounds for a Negligent Security Lawsuit

Because of a business owner’s failure to secure one or more areas of the property, you may have suffered injuries and psychological damage from a violent interaction, such as:

• Sexual assault or sexual harassment
• Armed robbery / mugging
• Unprovoked assault and battery
• Carjacking
• Injured as a bystander to a fight or other crime in a parking lot

Our assault and battery lawyers have many years of experience in liability claims against major retailers, hotels, sports stadiums, concert venues, nightclubs, bars, and many other businesses in California. Some of these incidents result in death for the victim and innocent bystanders. But even victims that survive an attack are left with psychological damage that turns into anxiety attacks, social phobias, depression, sleep disorders, and more.

Though money is not a substitute for the peace of mind you had before the attack, it can go a long way towards your physical and mental recovery. Our law firm can represent you in a parking lot assault and battery lawsuit and secure monetary damages like medical expenses, pain and suffering, lost income, and emotional distress.

Determining Liability for Assault and Battery

To hold another party liable for bodily harm, you must show proof of injuries that are a direct result of negligence by that individual or entity. This may appear to be simple on the surface, but there are many elements that must be established before you can claim that a business owner failed in their duty of care.

With a premises liability claim, most people are familiar with the idea of suing for accidents because of poor maintenance on the property. For example, you fall down the stairs in a building because of a loose step that the owners knew about or should have known about. As they failed to repair the step or put up clear signs to warn visitors, the business is liable for the victim’s medical bills and other applicable damages.

With security-based lawsuits, the issues are more complex and nuanced. This is particularly true with criminal acts, where you have a perpetrator that injured the victim. So, this is the first and primary entity that is responsible for your harm and suffering. With anyone else, like the owner of the parking lot, the connection is not as direct, thereby creating more challenges for assault victims and their loved ones.

Building a Premises Liability Case

Proving a case of premises liability for inadequate security requires that the plaintiff show evidence of the following factors:

• The business owner (defendant) was negligent in their maintenance of the property, which includes not implementing reasonable security measures
• The property on which the incident occurred was owned, managed, rented, or occupied by the defendant.
• Due to negligence by the defendant, the plaintiff suffered bodily harm.
• The negligence by the defendant played a significant role in why the victim was harmed.

Please note that a lawsuit can be filed against multiple parties, and not one specific entity, like the business that owns / operates the parking lot. Certain businesses hire a separate company that handles security issues, and this is another party that may be sued in the event you are robbed, beaten up, or sexually assaulted in a parking lot. This is one of many concerns that we can assist you with during a free consultation.

Contact a Lawyer for Negligent Security Lawsuits

If you or someone in your family was seriously harmed on someone else’s property, contact the office of Normandie Law Firm as soon as possible. Our Los Angeles attorneys have a deep understanding of how a criminal incident impacts one’s life. We also understand that the legal system is complicated and frustrating, and many obstacles stand in the way between victims and the justice they rightfully deserve.

By getting in touch with us, you can hire a California assault and battery lawyer for $0. Once your settlement is negotiated and your check is released by the insurance company, we will claim a percentage to cover legal fees. If the case is not settled in your favor, you owe us $0, thanks to the Zero Fee Guarantee.

For advice and guidance on what you can do after being assaulted in a parking lot, reach out to us for a free, confidential case review.

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