blog home Premises Liability If You Are Assaulted, Who Can You Sue?

If You Are Assaulted, Who Can You Sue?

By Allen Flatt Ballidis & Leslie on January 31, 2020

Post Image

A report from the FBI showed that some Orange County cities saw a rise in violent crime in 2018, as stated in an article on Patch. These cities include Dana Point, Fullerton, Laguna Hills, Laguna Niguel, Laguna Wood, Lake Forest, Mission Viejo, Placentia, and San Clemente. Violent crime can occur anywhere. Even Irvine, which prides itself on being the safest city of its size for the 14th year running, experienced 160 violent crime incidents in 2018.

If you have been a victim of assault, it is only natural that you should want to recover compensation for your injuries. But who can you sue if you are assaulted? In some cases, your best chance of recovering damages may be to sue the owner of the property where the assault occurred, in a premises liability claim based on negligent security.

What Is Negligent Security In a Premises Liability Claim?

Negligent security is a type of premises liability that deals with civil redress for crimes and violent acts. On the basis of negligent security, an individual injured by a third party seeks to hold the owner or occupier of the property where the criminal injury was inflicted liable for his or her injuries. Injury in a negligent security case may arise out of robbery, assault, battery, or rape.

What Makes Property Owners Responsible for Third-Party Criminal Acts?

A negligent security claim brought by an injured party is based on the duty imposed on property owners and occupiers to provide reasonable security measures and protect lawful visitors from foreseeable crimes. It is assumed that the crime could have been prevented if appropriate security measures had been taken.

Why not sue the perpetrator of the crime instead? The simple answer is, it is easier for a visitor injured on a property to locate the owner or possessor of the property than to locate the perpetrator of the crime. In addition, the property owner or occupier is much more likely to carry insurance against which a judgement can be enforced, which greatly increases the chances of recovering damages.

What Must You Prove To Win a Negligent Security Claim?

If you are suing for negligent security, you will need to show that:

  • You were lawfully present on the defendant’s property.
  • The defendant had a duty to provide adequate security measures.
  • The defendant breached that duty.
  • Your injuries were foreseeable.
  • Your injuries were caused by the lapse in security.
  • You suffered physical, financial, property, or other damages as a result.

Why You Need a Lawyer

Negligent security has been evolving through case law since the 1970s and is based on complicated legal principles. For your best chance of success, you need an experienced attorney who is well-versed in premises liability matters. Our Orange County premises liability lawyers at Allen Flatt Ballidis & Leslie have decades of experience and a history of success for our clients. We have recovered tens of millions of dollars in settlements and verdicts.

If you have been injured in an assault on someone else’s property, call us at (949) 752-7474 to schedule a free consultation. We can tell you if you have a negligent security case, and what damages you may be entitled to claim.

Related Articles:

Posted in: Premises Liability


Even if you aren't sure you have a case, give us a call at (888) 752-7474, or fill out our Free Case Review below.
We are here to help.

Free Case Review

We’re here to help.

We're sorry about what happened to you. It shouldn't have, and that's why we do what we do - go after justice for people who were injured by someone else. You're not alone. Reach out, engage with us, and contribute your expertise to the process. This is a relationship - we can learn just as much from you as you can from us!

After all, it's your needs we're fulfilling. If you want a great Orange County personal injury attorney who you can trust, contact Allen Flatt Ballidis & Leslie.

Se Habla Español مکالمه به زبان فارسی

By submitting this form, you agree to be contacted via the info given through email, phone call, or text message.

Get In Touch

Allen Flatt Ballidis & Leslie
4400 MacArthur Blvd Ste 370
Newport Beach, CA 92660
Toll Free: (888) 752-7474
Local: (949) 752-7474

Disclaimer: The information on this site is not, nor is it intended to be, legal advice. You should formally consult an attorney for advice regarding your individual situation. We invite you to contact us and welcome your calls, letters and electronic mail. Please be advised, however, contacting us, submitting a case to us, and/or discussing your case with us does NOT create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.

©2024 Allen Flatt Ballidis & Leslie. All Rights Reserved.

Free Case Review

Our legal team is ready to help you. Complete the following form and a member of our staff will reach out to you within 24 hours to discuss your case. All submissions are confidentially reviewed by Allen Flatt Ballidis & Leslie.

Se Habla Español مکالمه به زبان فارسی

By submitting this form, you agree to be contacted via the info given through email, phone call, or text message.