Understanding Negligent Security: When Property Owners Are Liable for Your Safety
A California negligent security attorney specializes in helping victims who have been injured due to inadequate security measures on someone else’s property. If you’re searching for legal help after being injured in a preventable crime, here’s what you need to know:
- Definition: Negligent security occurs when a property owner fails to provide reasonable security measures to protect lawful visitors from foreseeable crimes
- Time Limit: You generally have two years from the incident date to file a claim in California
- Common Locations: Apartment complexes, hotels, shopping malls, parking garages, nightclubs
- Potential Compensation: Medical expenses, lost wages, pain and suffering, emotional distress
- Cost: Most negligent security attorneys work on contingency (no fee unless you win)
When someone ventures onto someone else’s property, the property owner has a legal obligation to keep them reasonably safe. This includes protection from foreseeable criminal acts by third parties.
Every day in California, people become victims of assault, robbery, sexual assault, and other violent crimes that could have been prevented with proper security measures. These incidents often occur in poorly lit parking lots, apartments with broken locks, or businesses without adequate security personnel.
In June 2013, a record-setting $55 million verdict was awarded in a California negligent security case, highlighting how seriously our courts take these violations of public safety. This wasn’t just about compensating the victim—it sent a powerful message that prioritizing profits over people’s safety is unacceptable.
What Is Negligent Security Under California Law?
When you walk into a store, visit a friend’s apartment, or park your car in a garage, you expect to be safe. But what happens when that safety is compromised because someone didn’t take proper precautions?
Under California Civil Code § 1714, property owners must exercise reasonable care to keep their premises safe. This isn’t just about fixing broken steps or cleaning up spills—it extends to protecting you from foreseeable criminal acts by third parties. When they fail to do this, it’s called negligent security.
Think of the broken lock in the image above. It might seem like a minor maintenance issue, but it could be the difference between safety and becoming a victim of crime. Research from the Urban Institute Justice Policy Center confirms that visible security measures like cameras don’t just help catch criminals—they actively deter crime before it happens.
For a successful California negligent security claim, you’ll need to show four key elements:
- The property owner owed you a duty of care
- They breached that duty by failing to provide reasonable security
- This breach was a substantial factor in causing your injuries
- The criminal act that harmed you was foreseeable
That last point—foreseeability—is crucial. If there’s been a string of car break-ins in a parking garage, the owner should reasonably anticipate more and take action to prevent them.
Negligent Security vs. General Premises Liability
While both fall under premises liability law, negligent security cases have unique characteristics that set them apart.
General premises liability typically deals with accidents caused by physical hazards—that wet floor that made you slip, the loose railing that gave way. The danger is passive and non-human.
Negligent security specifically involves injuries caused by other people committing crimes that could have been prevented with proper security measures. The harm comes from third-party human actions, not just dangerous conditions.
Another important distinction relates to who’s visiting the property. While regular premises liability cases consider whether you’re an invitee, licensee, or trespasser, negligent security cases primarily focus on lawful visitors—those who had permission to be there.
Establishing Liability: Foreseeability, Duty & Proof
When it comes to negligent security cases, proving liability isn’t as straightforward as showing a wet floor caused a slip and fall. The heart of these cases revolves around something called foreseeability – could the property owner reasonably predict that crime might occur?
The Foreseeability Test
California courts don’t expect property owners to be fortune tellers, but they do expect them to pay attention to warning signs. When determining liability, judges apply a thoughtful balancing test weighing two crucial factors:
First, they look at how foreseeable the harm was to the victim. If three similar assaults happened in the same parking garage in the past year, a fourth isn’t surprising – it’s foreseeable.
Second, they consider how burdensome security improvements would be for the property owner. Installing basic lighting might be reasonable, while hiring round-the-clock armed guards might not be, depending on the circumstances.
When the risk of crime clearly outweighs the cost of prevention, courts typically find the property owner had a duty to implement appropriate security measures. It’s essentially a common-sense approach – the higher the known risk, the greater the responsibility to protect visitors.
| Security Requirements | High-Crime Areas | Low-Crime Areas |
|---|---|---|
| Lighting | Extensive lighting in all areas | Basic lighting in main areas |
| Surveillance | Multiple camera systems with monitoring | Basic camera systems |
| Security Personnel | On-site guards, regular patrols | May not be required |
| Access Control | Key cards, gates, intercoms | Basic locks and entry systems |
| Response Systems | Alarm systems, emergency protocols | Standard locks and protocols |
Key Evidence to Build Your Case
As a victim, you might wonder what actually proves negligent security. Our California negligent security attorney team focuses on gathering compelling evidence that tells your complete story:
Police reports and crime statistics paint a picture of the neighborhood’s safety history. These official records can demonstrate that the property owner should have known about potential dangers.
Surveillance footage often captures not just the incident itself, but reveals security gaps like broken cameras or shadowy corners that should have been illuminated.
Maintenance logs and repair requests can be smoking guns in these cases. A tenant’s ignored requests to fix a broken entry gate before an assault occurs is powerful evidence of negligence.
Eyewitness accounts add crucial human perspective, especially from people familiar with ongoing security issues at the property.
Why You Need a California Negligent Security Attorney
When you’ve been hurt because someone failed to keep their property safe, trying to handle your case alone can leave thousands of dollars on the table. California negligent security claims involve layers of complexity that most people simply aren’t equipped to steer on their own.
Time isn’t on your side in these situations. California gives you just two years from the date of the incident to file your claim—and that clock starts ticking immediately. While two years might sound like plenty of time, building a strong case requires extensive investigation, evidence collection, and legal preparation. Waiting too long means crucial surveillance footage might be erased, witnesses may move away, and the dangerous conditions that caused your injury could be fixed without documentation.
These cases rarely involve just one responsible party. The property owner, management company, security contractor, maintenance firm, and even parent companies might all share responsibility for your injuries. Without legal help, you might miss key players in this chain of liability, potentially limiting your recovery significantly.
In particularly shocking cases where property owners knew about dangers but did nothing, you may be entitled to punitive damages beyond your medical bills and lost wages. These additional damages require proving the property owner acted with “malice, oppression, or fraud”—a high legal bar that demands skilled advocacy and strategic evidence presentation.
Recent research from the CDC, which began funding firearm injury prevention studies in 2020, highlights how security failures contribute to public health problems. This research provides additional support for victims by establishing what reasonable security measures should look like in different settings.
Choosing a California Negligent Security Attorney
Finding the right attorney makes all the difference in these cases. Look for someone who has handled violent crime cases similar to yours—especially those involving the same type of property where you were injured.
Trial readiness matters tremendously. While many cases settle, you need an attorney who’s fully prepared to take your fight to court if necessary. Ask potential attorneys about their trial experience and outcomes with cases like yours.
If English isn’t your first language, working with a firm offering multilingual support can make an overwhelming process much more manageable. Clear communication is essential when discussing the traumatic events you’ve experienced.
Taking Action After an Incident: Practical Steps for Victims
The moments following a security incident can feel overwhelming and disorienting. If you’ve been hurt because someone didn’t keep their property safe, what you do next matters—both for your healing and for any future legal claim.
Immediate Post-Incident Checklist
Your safety comes first. Get to a secure location and call 911 right away. Even if your injuries seem minor, seek medical attention promptly—some injuries aren’t obvious at first, and medical records create an important paper trail.
When you’re with medical providers, be clear that you were injured during a crime. Follow their treatment plan completely, as gaps in medical care can hurt your case later.
While the details are fresh in your mind, document everything. Take photos of your injuries and the location where the incident occurred, especially focusing on security problems like broken locks, dim lighting, or missing cameras. Write down exactly what happened in your own words—details fade quickly after traumatic events.
Filing a police report is essential. Ask for a copy for your records. Also report the incident to property management or security staff, noting names of everyone you speak with. If there were witnesses, collect their contact information and ask if they captured any photos or videos.
Be careful about what you say and to whom. Don’t give recorded statements to insurance companies, sign any documents, or post about the incident on social media. These actions can seriously undermine your case.
Contact a California negligent security attorney as soon as you can. The sooner we get involved, the better we can preserve critical evidence before it disappears. Security footage often gets overwritten within days, witnesses become harder to find, and property owners may rush to fix security problems after an incident.
Long-Term Recovery & Legal Process
Healing from a violent crime takes time—both physically and emotionally. While you focus on recovery, your legal case will move forward in several phases.
During the investigation phase (typically 1-3 months), we gather evidence and identify all parties who might be responsible. We’ll bring in security experts to evaluate whether the property’s security measures met reasonable standards. Medical professionals will assess your injuries and future needs.
Next comes the demand and negotiation phase (usually 2-6 months), where we present a demand to the responsible parties. Many cases resolve during this phase, but we never rush to accept inadequate settlements.
If fair compensation isn’t offered, we prepare for litigation (6-18 months). This includes filing a formal lawsuit, going through findy (where both sides exchange information), and potentially attending mediation. If settlement still isn’t reached, we take your case to trial.
Frequently Asked Questions about Negligent Security in California
What compensation can I recover?
When you’ve been hurt because someone didn’t provide proper security, you deserve fair compensation for everything you’ve been through. Most people don’t realize just how comprehensive this compensation can be.
Your medical bills are just the beginning. From the ambulance ride and emergency room visit to surgeries, medication, physical therapy, and even future treatments you might need – all these costs should be covered. One client came to us with $40,000 in medical bills after being assaulted in a poorly lit parking garage, and we made sure those expenses didn’t come out of his pocket.
Lost wages matter too. Whether you missed two weeks of work or can no longer perform your job at all, that financial impact shouldn’t fall on your shoulders. We recently helped a store clerk who couldn’t return to work for three months after being attacked when the security guard left his post.
Beyond these concrete costs, there’s the very real pain and suffering you’ve endured. The sleepless nights, the physical discomfort, the emotional trauma – these deserve acknowledgment and compensation. Many clients tell us that the psychological impact of being attacked is even more lasting than their physical injuries.
Who can be held liable besides the property owner?
Responsibility for security failures often extends beyond just the person who owns the building. This is important because identifying all responsible parties improves your chances of full compensation.
Property management companies frequently handle day-to-day operations, including security measures. If they knew about broken locks or lighting issues but didn’t fix them, they share responsibility for what happened to you.
Security companies hired to protect the property might have failed in their duties. Maybe guards weren’t properly trained, abandoned their posts, or ignored suspicious activity. In one case, we finded a security firm had hired guards without conducting background checks or providing basic training.
Maintenance companies responsible for keeping security equipment working properly could be liable if they neglected repairs. Those broken surveillance cameras or malfunctioning gate arms didn’t break themselves.
Parent companies or franchisors sometimes set security policies that local properties must follow. If those policies were inadequate or weren’t enforced, the corporate parent may share blame.
How long do I have to file a negligent security claim?
Time is truly of the essence in these cases. In California, you generally have two years from the date of the incident to file your lawsuit. This might seem like plenty of time, but building a strong case takes months of investigation and preparation.
The clock starts ticking immediately, and exceptions are rare. If you wait too long, no matter how strong your case might be, the court will likely dismiss it without even considering the facts.
Special situations can affect this timeline:
If your incident happened on government property, you must file an administrative claim within just six months before you can pursue a lawsuit. Miss this deadline, and your case might be over before it begins.
For children who are victims, the rules are more forgiving. They typically have until their 20th birthday to file (two years after reaching adulthood), giving families more time to understand the full impact of what happened.
Conclusion
Becoming a victim of a violent crime due to inadequate security measures leaves deep physical and emotional scars. These incidents aren’t just unfortunate accidents—they’re preventable tragedies that occur when property owners prioritize profits over people’s safety.
At Adam Krolikowski Law Firm, we see beyond the legal case to the human being who’s suffering. With more than 25 years of experience helping victims throughout Orange County, Santa Ana, and Los Angeles, we’ve witnessed how these incidents shatter lives and how proper compensation can help rebuild them.
Negligent security cases serve two crucial purposes. First, they help victims recover financially from medical bills, lost wages, and ongoing trauma. Second, they create safer communities by sending a clear message that cutting corners on security has consequences.
When property owners know they’ll be held accountable for reasonable security measures, they’re more likely to install proper lighting, maintain functional locks, hire trained security personnel, and implement other safeguards that protect everyone.
We understand that no amount of money can erase what happened to you. But fair compensation can provide the resources you need to heal and move forward. Our team works on a contingency basis—meaning you pay nothing unless we win your case. This allows you to focus on recovery while we handle the legal complexities.
Time is critical in these cases. Security footage gets erased, witnesses move away, and property owners often rush to fix security problems after an incident occurs. Plus, California’s two-year statute of limitations means the clock starts ticking immediately.
By taking action with a California negligent security attorney, you’re not just fighting for yourself—you’re potentially protecting countless others from suffering similar harm. Your case could be the catalyst that transforms a dangerous property into a safe one.
Learn more about our negligent security services or call our office today for a free, no-obligation consultation. Let us help you transform a painful experience into a powerful force for positive change—both in your life and in your community.