Inadequate Security, Visitor & Tenants' Rights
Renting a residential or commercial space is an important part of life. Visiting a bar or nightclub is also an experience where you should be made to feel safe as a visitor. The need for the feeling of security within the property should be universal. Also, it should get buffeted with good faith by the owner.
However, in many cases, the landlord or property owner does not fulfill his or her obligations. Sometimes they break their implied promise to their visitors and tenants. In fact, this can allow a bad situation to unfold.
- Such can be the case when dealing with issues related to criminal acts.
Case precedent is clear:
- Landlords are not allowed to be negligent regarding the security of their property.
What Should Tenants or Visitors Do If Assaulted Ab Initio?
The term ab initio is a Latin term that means "from the very start." By law, tenants and visitors have the opportunity to present evidence the landlord knew their property was unsafe.
- In the case of Tenants
Tenants and visitors to their property who are attacked or injured have basically the same rights and burdens of proof. However, tenants do have additional contractual remedies available to them that are not afforded to visitors to a structure of the property.
In the Case of Guests?
Guests can rely on California laws requiring the property owner to make guests safe from known dangers at or near the property.
What Burden Must a Guest or Tenant Show?
Both guest and tenant must show the landlord did nothing to remedy. But unlike a tenant, a visitor could sue both the renter and the landlord for rape or assault.
- The California Department of Consumer Affairs states the tenant has a responsibility to inspect (Source.) So they should check out the area and the apartment before moving in.
- But beyond that, the landlord must keep the premises safe for occupation.
- So if there is a dangerous public activity like gangs, rapes, and drugs, this raises a red flag.
And if the landlord fails to take steps to provide security, then you probably have a case. But if the prospective tenant knew the area was dangerous, this could hamper the case. (Learn how to prove a case here.)
Is the Property/Location Even Safe For Occupancy?
There can be many cases in which the property can become deemed unsafe and requires action. For example, if there was a robbery or shooting on the premises. Most of the time, this means the landlord got notified.
- So what if the owner refused to make any substantive changes? If that is the case, any further issues could be their responsibility. Of course, when a tenant has become victimized due to such actions, or inactions, they should not have to fight alone.
What About Negligent Hiring of Security?
Having a bad bouncer or chaperone is another form of negligent security. Except for this time, the employing owner or landlord failed to do an adequate background check or allowed bouncer attacks to take place for some time. So this is called negligent hiring, and we can help you sue for that.
What are Some Methods Visitors and Tenants Can Use to Try and Obviate Risks of Rapes or Assaults on Property?
So this is not something most people think about.
- But there are various free online tools.
- And even the local police can provide crime statistic data (Go here for LAPD "Crime and Statistical Data.)
Your job is to mitigate your potential risks by researching the zip code and locale. So in that case, there is never any need to sue. And this is because will you never became a victim.
How Do You Avoid Going Alone as an Inadequate Security Victim Without Going Broke?
So let's assume you did your due diligence. You still got assaulted or raped.
Now a legal advocate becomes necessary to assist you in collecting evidence. Also, your lawyer will distill it and present it to a court. No, lawyers are not free, but the better personal injury law firms work on a contingency fee basis.
- So basically they charge no costs or fees in advance and float you for lack of a better word. Basically, instead of going broke, you have a willing partner in your case.
- So now you have a hired gun working on a bounty.
Hence, you have a “partner.” Also, lawyers can help with negotiations with the owner or with insurance companies. Therefore, they can contribute to ensuring that your losses get covered. A property owner takes on a particular responsibility once they rent out their premises.
What is an Example of a Negligent Hiring Case Ehline Had Against Gallagher's Nightclub in Huntington Beach?
In Mary Pfeifer v. Gallaghers, our client tiny female client was choked by a bouncer. Her injuries included cervical lordosis and emotional trauma.
- The plaintiff suffered embarrassment in her community of Huntington Beach, CA. When we demanded the surveillance video hard drive, Ehline forced a result of 50 thousand dollars
So there can be cases where negligence was the basis of the claim. As a consequence, we find those responsible for the fight or altercation.
What Else Can Ehline Law Firm Do to Help You Win?
Also, we can employ private investigators. Also, we collaborate with the police to gather evidence. So we do what is necessary to make your life whole again.
C all Our Inadequate Security Attorney Specialists Now!
Our experience in similar cases has helped clients and their families. We take pride in helping people get their lives back on track. Also, these attorneys have expertise in residential and commercial rental laws.
So they have experience countering abuse and oversights by landlords. Call us today for a free, no-pressure consultation. We’ll come anywhere in the state to discuss your case with you. We will even travel to your apartment or storefront.
So we are not asking for any money unless we win for you. Also, we answer our phones and emails any time of the day or night. Contact us for more information. Call (213) 596-9642.