Tuesday, June 3, 2014

Inadequate Security and the Bryan Stow Case


Just over three years ago, Bryan Stow was beaten and critically injured following a baseball game at Dodger Stadium.  Tragically, Stow suffered a severe traumatic brain injury as a result of the attack.  The two assailants responsible for the assault are now serving their sentences for their crimes, and the civil case against the Los Angeles Dodgers organization is well underway.  As is being reported by KNBC news, the civil trial in Los Angeles is being prosecuted because of alleged inadequate security that may have allowed this horrific incident to have occurred.

Inadequate Security Law in California

Under California law, a property/business owner (like those in charge of Dodger Stadium) has an obligation to ensure their property is maintained in a reasonably safe manner, and this includes an obligation to protect patrons from the violent acts of criminals.  Generally, these civil cases fall into two types: those in which there is a history of violence and therefore a duty to protect and those in which there is an ongoing escalation of violence, or potential violence, and the landowner has a duty to intervene.   There is not a duty on the part of every landowner or business operator to provide security guards to protect their patrons, unless the obligation is imposed because of prior similar incidents or other indications of a reasonably foreseeable risk of violent criminal assaults at the location.  In the Stow matter, the lawyers prosecuting the case will have to show there had been previous acts of violence or that on March 31, 2011, stadium employees should have been aware Stow (or others) were in imminent danger of being assaulted and failed to reasonably intervene.  

When You Have Been Assaulted on Business Property

Whether it is in a stadium, a bar, a restaurant or some other business establishment, if you are assaulted while on someone else's property, you may have a valid civil case against the business or landowner.  It must be shown there was a negligent failure to provide adequate protection that led to your injuries, but these cases often merit pursuing.  If you have been injured or a loved one killed because of a criminal assault on business property, contacting an experienced Orange County civil attorney with a security background may be the best step toward obtaining compensation for the injuries and damages suffered.

SOURCE:  Dodger Stadium Security Questioned in Beating Trial, KNBC News, June 3, 2014, by Patrick Healey

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