In general, a business owner who holds their property open to the public for entry is subject to liability to members of the public while they are upon the property.  Such a business proprietor may be responsible for physical harm caused by the accidental, negligent, or intentionally harmful acts of third persons.  What the law in California requires is that the business owner exercise reasonable care to discover that such acts are being done or are likely to be done and then take measures to prevent injury or give patrons a warning adequate to enable the visitors to avoid the harm, or otherwise to protect themselves against it.   Absent doing these things, a business can be held liable in civil court.

In the context of a criminal assault taking place on business property, the victim often has no meaningful recourse against the actual perpetrator since that person will likely have little to no assets with which to satisfy a civil judgment for damages.  If a business has "set the stage" for an assault to take place or does nothing meaningful to prevent it, the law allows recovery against the business owner.  Perhaps the most common example is where a bar or restaurant allows an unruly and potentially violent customer to remain on their premises, even after a fight has begun or is inevitable.  In those circumstances, the restaurant or bar owner may be liable for the injuries sustained by an innocent victim.  One major obstacle presented by these cases is the need to prove the criminal activity would not have occurred or successful intervention could have been accomplished.  An experienced trial attorney is often able to establish this by garnering important witness testimony and perhaps securing the assistance of a security expert.

Have you or a loved one been seriously injured during an assault taking place on business property?

Compensation for the victims of violent crimes that occur on a business owner’s property should be an important concern for all Californians. When a proprietor invites guests onto their property they should be held accountable if they fail to provide a reasonably safe environment, especially when they can prevent or effectively intervene in a criminal assault.  An Orange County personal injury attorney with experience at handling such cases can make a fair assessment of these claims.  Mr. Ralph has more than 20 years of experience handling personal injury cases, including just this type.  Mr. Ralph can be reached at 714-919-4415 for a FREE CONSULTATION.