Tracy, CA asked in Personal Injury for California

Q: I got my arm broke by a drunk person In a parking lot with security. Can I sue security for not helping out?

3 Lawyer Answers

A: Maybe. It depends on how long the drunk person was there, and whether he had previously displayed any danger to third parties, like yourself. Not every drunk person is likely to break your arm. Other factors may be important as well.

Samer  Habbas
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Answered

A: Possibly, but whether you can successfully sue the security company (or the property owner) depends on several factors, including negligence and duty of care.

Security personnel generally have a duty to provide reasonable safety measures, but they are not always automatically liable for every incident.

If security was present but did not step in when they reasonably should have, or if the property owner failed to hire adequate security despite known risks (e.g., frequent past incidents in the parking lot), you may have a premises liability or negligent security claim. Evidence like security footage, witness statements, and incident reports can strengthen your case.

An experienced attorney can evaluate the specific circumstances and determine if the security company, the property owner, or other parties may be liable for your injuries.

James L. Arrasmith
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Answered

A: You may have grounds for legal action against the security company, depending on several key factors. The security company's specific duties and responsibilities outlined in their contract with the property owner will be crucial in determining liability.

In California, property owners and their contracted security services have an obligation to maintain reasonable safety measures for visitors. If the security personnel witnessed the incident or had reason to believe danger was imminent but failed to intervene, this could constitute negligence. The level of their duty to protect depends on factors like their assigned responsibilities, whether they were properly stationed at their posts, and if they followed established security protocols.

Your best course of action is to gather all available evidence, including surveillance footage, witness statements, medical records, and incident reports. Consider speaking with a personal injury lawyer who can review the specific details of your case - many offer free initial consultations. They can help determine if the security company breached their duty of care and guide you through the legal process of seeking compensation for your medical expenses, lost wages, and pain and suffering.

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