Suing a Business for Assault and Battery in the Parking Lot

Every day, many people throughout California are involved in criminal incidents. Crime is not limited to impoverished, urban areas, meaning that even affluent communities and public areas with security guards may be used by bad actors to harm others. However, taking certain measures to protect others can deter criminals and reduce the potential for assault and battery, rape, robbery, and other heinous events.

When you are injured because of issues like deep cracks in the parking lot, it makes sense to file an accident claim and seek compensation from the property owner. But the issue is not so simple when you are injured by a malicious individual. Can you do anything else besides filing charges and suing the perpetrator? Do you have a case of business owner liability for assault and battery in a parking lot?

Under California law, owners of residential and commercial properties may be responsible for incidents in their parking lot when it causes bodily harm or property damage to others. Whether a business is liable depends on negligence, i.e., a failure to exercise reasonable care for the sake of keeping others safe. Our assault and battery lawyers know how a single event can change the entire course of your life. You should not have to bear the burden of being a crime victim on your own when someone else caused you harm and suffering. Please contact our law firm and learn how you can sue for being attacked in a business parking lot.

Security Lapses in Parking Lots Used by Businesses

According to California’s premises liability laws, business owners have a legal obligation to protect guests, customers, tenants, etc. from harm that is foreseeable. So that doesn’t mean that businesses can be blamed for not predicting a specific event and taking actions to stop it. Rather, they must have preventative measures in place that can reduce the possibility of injuries. These measures have to be within reason, so a single location store may not have the means to hire a security guard, but they can put up surveillance cameras and install bright lighting near customer parking spots.

The truth is, parking lots are used often by criminals for theft, muggings, sexual assault, and unprovoked assaults. It’s inevitable that urban neighborhoods have higher crime rates, but any parking lot that is poorly maintained without adequate security puts people at risk. Crimes tend to happen more at night than during the day, but people can also be harmed in broad daylight, especially in rear parking lots and parking areas far away from the building or the main road.

Incidents that Merit a Negligent Security Lawsuit

So, we have established that business owners have a duty to secure all areas of their property, including parking lots and garages. If there is a lack of security, people can be injured in violent altercations, such as:

• Muggings / armed robbery
• Sexual assault
• Physical assault and battery
• Carjacking
• Injured as a third party or bystander to a criminal event

At Kenmore Law Group, we have a team of lawyers that specialize in sexual assault due to negligent security. We have a proven track record of recovery from supermarkets, shopping malls, big box stores, stadiums, bars, nightclubs, and more. We also represent family members of victims who were killed during the commission of a crime, like robberies and car thefts. Some of these people were simply walking through the parking lot or getting out of their car and found themselves trapped in a deadly crossfire.

Even when a victim is spared from death, the physical injuries and psychological toll can devastate many aspects of their life. Most of these individuals need long-term medical care, including psychological counseling because they struggle with depression, anxiety, insomnia, and other PTSD symptoms.

Of course, it goes without saying that money is not going to make up for all that you are forced to live with after a sexual assault. But money is needed to help with your recovery and protect you from financial hardship in the upcoming years. You can count on the legal experts of Kenmore to fight for the maximum in areas like medical expenses, lost wages, emotional distress, and pain and suffering.

Figuring Out Who is Liable for Assault and Battery

In order to sue another party for bodily harm, you must have evidence to show that your injuries are a direct result of something they did or failed to do. More specifically, you must establish proof of negligence, meaning there was a failure to exercise reasonable caution, and this was the cause or a contributing factor in why you were assaulted. This may be simple on the outset, but holding a business responsible for the actions of a criminal can be very challenging.

Keep in mind that assaults are different that accidents, which are the most common type of premises liability claims. A common example has to do with slip and falls, which are accidents where someone gets hurt from slipping on something, like a puddle of water. These accidents are extremely common in commercial settings, and more often than not, the business is deemed to be at fault. As a result, the victim can file a damages claim with the defendant’s insurance company, which may or may not progress to a lawsuit.

Unfortunately, lawsuits where security is the main point of contention are not as straightforward. There are many aspects of securing a property that must be examined, including whether such measures are reasonable for the location and type of business. However, it cannot be denied that many people are injured in business parking lots, and some business owners neglect security measures that could have deterred the assailant.

Building a Case against the Business Owner

Whether you are suing a major hotel chain or a small, boutique store, you will need to prove several elements in order to have a case for premises liability:

• The business owner and/or operator neglected to maintain the property, which includes a failure to implement appropriate security measures.

• The location of the incident was owned, operated, leased, managed or occupied by the defendant (business owner).
• Because of the defendant’s negligent of malicious conduct, you suffered bodily harm.
• The defendant’s negligence resulted in you suffering injuries of a physical and emotional nature.
• Negligence by the defendant was a significant factor in why you were harmed.

Keep in mind that an assault and battery lawsuit can be filed against more than one party, and not just the business that owns the parking lot. For instance, there may be a separate company that takes care of security for the property. So, it may be that some sort of failure on their part left you vulnerable to being raped, beaten up, or assaulted in some other way. This is another avenue that we can explore with you during a free, private consultation.

What is a Deadline to File an Assault and Battery Lawsuit?

The state of California generally places a limit of 2 years for assault and battery lawsuits, starting from the date of injury / accident. If there is an injury that the victim did not learn about until a later date, it’s possible that the 2-year window can start from the date of discovery. Exceptions can be made as well for assault victims that are minors, who by default are unable to take legal action on their own. In these instances, the statute of limitations can be tolled until the victim’s 18^th birthday. Another important element has to do with properties owned by the government, like a city park or county agency building. Claims for compensation against public entities have a 6-month deadline, which is considerably shorter than the amount of time to sue a private business.

It’s a good idea to verify the SOL for a lawsuit with one of our attorneys. No matter the deadline, it’s in your best interest to initiate an assault and battery claim, so that you can recoup your losses in a timely manner.

Help from a California Assault and Battery Lawyer

Were you or a member of your family attacked in a parking lot? Did you suffer injuries or lose a loved one to a criminal act on someone else’s property? If so, contact our office in Los Angeles as soon as possible. Our legal experts have a long and proud tradition of representing assault victims, and we know that the impact of such an event can stay with you for the rest of your life. We also understand that the legal system is difficult and frustrating, with many hurdles that seem impossible to overcome.

By reaching out to us, you can receive a free consultation from a lawyer specializing in assault and battery. Furthermore, we charge you nothing at the point of hiring us and only take payment once your settlement is recovered from a successful lawsuit. If we do not secure compensation for you and your loved ones, you pay $0 under the terms of 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.