San Jose, CA asked in Personal Injury, Criminal Law and Landlord - Tenant for California

Q: Can the owner of property/business be liable for inadequate security if victim was shot on premises?

5 Lawyer Answers
Dan Rowan Cortright
Dan Rowan Cortright
Answered
  • Landlord Tenant Lawyer
  • Sebastopol, CA
  • Licensed in California

A: The owner of property is only liable for injury resulting from a dangerous condition on their property of which they were aware or reasonably should have been aware. So if it can be shown by the victim that the owner was aware of a dangerous condition that posed a significant risk of injury and that the owner was either aware of the condition or with reasonable diligence should have been aware of it, then the owner may be held liable for the injuries caused by that condition.

James Otto Heiting agrees with this answer

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: the correct answer is "it depends"............on the FACTS.

if the owner allowed a dangerous condition, s/he may be liable.

the best thing is to make an appt with a LOCAL lawyer to share ALL the facts.

James Otto Heiting agrees with this answer

William John Light
William John Light
Answered
  • Santa Ana, CA
  • Licensed in California

A: Potentially, but there are a lot of facts that have to be known to make a property owner liable for the shooting death of a visitor, assuming that the property owner didn't pull the trigger. Your question requires a long consultation and probably some detective work about the history of the property.

James Otto Heiting agrees with this answer

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: Yes, the owner of a property or business can be liable for inadequate security if a victim is shot on the premises. The owner has a duty to provide a safe environment for visitors and customers. If the owner fails to take reasonable steps to provide adequate security measures, such as installing security cameras or hiring security personnel, and someone is injured or killed as a result, the owner may be held liable for the victim's damages. However, the specific circumstances of the incident would need to be examined to determine the extent of the owner's liability. It is important to consult with a legal professional who is familiar with the relevant laws in your area if you believe you have a case.

James Otto Heiting agrees with this answer

James Otto Heiting
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James Otto Heiting
Answered
  • Riverside, CA
  • Licensed in California

A: The short answer is, Yes, they can be liable under appropriate circumstances. The injured party (or heirs) should contact a lawyer experienced in this type of law asap. The lawyers will need to get documents and do some investigation if they are interested; and strict time limits apply.

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