Premises Liability
According to the California Attorney General's website, in 2006 4,895 violent crimes occurred in Fresno County, including homicides, rapes, robbery, and aggravated assaults. During the same time period Fresno Country saw a total of 23,728 larceny or theft-related crimes. These can occur anywhere, particularly in locations that are prone to crime, such as parking structures. For this reason, property owners have a duty to make their premises safe and secure.
When steps are not taken to ensure the safety of individuals entering the property, the property owner may be liable for any crime-related injuries entrants suffer.
Risk Factors
Property owners, including apartment building owners, private homeowners, business owners, and shopping mall and department store owners should be mindful of certain risk factors that create an increased likelihood of crime. These include:
- Past incidences of crime on the property or in the surrounding area
- Lack of security on the property
- Poor lighting or lack of lighting
The Law Offices of Gerald Schwab, Jr. represent crime victims in premises liability actions, including wrongful death actions, against property owners who failed to take the necessary precautions to warn of potential dangers or to keep the premises safe. Crime victims who can establish that the property owner was negligent in not providing a safe environment for entrants may be able to recover medical expenses, lost wages, loss of future earning capacity, and pain and suffering. The different types of crimes that might occur as a result of a third party's acts include:
- Violent crimes, including assaults, rapes, and robberies
- Shootings and homicides
- Theft-related crimes
Although California has a Victim Compensation Program (VCP), which assists crime victims who have been injured or threatened with injury obtain reimbursement for expenses, such as medical and dental expenses. The VCP may not be sufficient to cover all the victim's expenses, or in some situations, the victim may not receive any compensation. To ensure that crime victims are fully compensated for their injuries, it is important to speak to an experienced attorney who can help you maximize your recovery by filing a lawsuit against all responsible parties.
Mr. Schwab works tirelessly to advance the rights of crime victims, and has successfully represented crime victims in recovering compensation from property owners by filing civil lawsuits on their behalf. For an experienced premises liability and trial lawyer who can help you obtain full compensation for the harm you have suffered, contact the Law Offices of Gerald Schwab, Jr. today for a free initial consultation.
