Hotel and motel negligence in Vista can take many different forms in California, including negligent security measures that result in assaults or other acts of violence on hotel or motel premises. When a hotel or motel owner does not provide adequate security to customers on the premises, the hotel or motel ultimately may be liable for injuries resulting from a third party’s violent acts. To be clear, the injury victim may be eligible to hold a hotel or motel liable for violence perpetrated by a third party by filing a negligent security claim. The following are five things to know about hotel negligence and assaults in Vista.
- Negligent Security Claims are Personal Injury Lawsuits
Negligent security claims filed against hotels and motels are types of personal injury lawsuits. As such, the statute of limitations for most other types of personal injury cases will apply.
- Hotel or Motel Can be Liable for Failing to Take Adequate Security Measures
In a negligent security claim against a hotel or motel in Southern California, the injured person is holding the business accountable for harm caused by another person’s criminal conduct as a result of that business failing to take adequate security measures.
According to the California Civil Jury Instructions for these types of cases, an owner of a hotel or motel “must use reasonable care to protect patrons/guests from another person’s criminal conduct on his/her/their/its property if the owner can reasonably anticipate that conduct.” The instructions clarify that “a business owner or a landlord has a duty to take affirmative steps to protect against the criminal acts of a third party if the conduct can be reasonably anticipated.”
- Many Different Types of Inadequate Security at California Hotels and Motels
There are many examples of inadequate security that result in assaults and other criminal actions by third parties, such as:
- Failure to repair broken locks on doors or windows;
- Failure to repair broken security system;
- Inadequate or lacking security cameras;
- Failure to have adequate lighting in the parking area; or
- Inadequate security guards on the premises.
- You Can Still File an Assault Civil Claim Against the Party Who Perpetrated the Assault
Filing a negligence claim against a hotel or motel for negligent security will not prevent you from filing an additional civil lawsuit against the person who perpetrated the assault or other criminal conduct.
- You Must File Your Negligent Security Lawsuit Within Two Years
Most hotel negligence lawsuits based on a theory of negligent security must be filed within two years from the date of the assault on the hotel property. Under California law, the clock on the two-year statute of limitations begins ticking on the date you were injured, and if you fail to file your lawsuit before the clock runs out, your claim can become time-barred.
Contact a Hotel Negligence Attorney in Vista
If you were injured at a hotel or motel in San Diego County as a result of hotel or motel negligence, you may be eligible to file a negligent security claim. One of our experienced Vista hotel negligence attorneys can assist you. Contact the Walton Law Firm today to learn more about how we can help.
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