California Negligent Security Claims Guide
Crimes like assaults, robberies, and homicides can sometimes occur because property owners failed to take reasonable steps to protect visitors—such as repairing broken locks, improving lighting, or installing security cameras. Our respected attorneys at Cutter Law have significant experience in California negligent security claims and can assist you in collecting and analyzing evidence, determining liability, and pursuing fair compensation if a property owner failed to reasonably protect you on their premises.
In California, property owners, businesses, and others must take reasonable measures to keep people safe against foreseeable criminal acts on their premises. This includes providing adequate security measures that match the level of harm a reasonable person would expect to occur. Failing to do so leaves property owners open to liability under California premises liability law.
If you’ve been injured due to a property owner’s negligence, you can pursue damages through a California negligent security claim for your short and long-term harm.
What Is Negligent Security?
Under California law, negligent security occurs when a property owner fails to provide reasonable safety measures, despite a foreseeable risk of injuries and damages. The level of and types of security necessary on a property vary. Breaches of a property owner’s duties may include lack of security cameras, broken locks, no lighting, and no security patrols.
To prove negligence, you must show that the property owner had a duty to protect you and failed in that duty by not providing adequate security, the failure was the proximate cause of your injuries, and you have damages as a result.
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Common Locations Where Negligent Security Incidents Happen
Places where crimes commonly occur present a greater risk of injury if they lack proactive protection for visitors. Negligent security claims arise in locations including:
- Apartment buildings
- Hotels and motels
- Restaurants
- Bars and nightclubs
- Supermarkets and other stores
- Shopping malls and parking structures
- College campuses
- ATM areas and public transit stops
High-crime urban areas are particularly dangerous for visitors. The Sacramento crime map for the last two years shows large clusters of crime around areas near City Plaza Park and Golden 1 Arena, as well as in other parts of the city. Despite recent drops in incidence rates, the number of violent crimes in Oakland in 2024 still make it one of the most dangerous cities in the state.
What Crimes or Incidents Can Lead to a Negligent Security Claim?
To have a negligent security claim, you must show that specific incidents were foreseeable on the property where you were injured. Incidents that give rise to California negligent security claims include:
- Physical and sexual assaults
- Armed robbery
- Shootings or stabbings
- Homicides or wrongful death
- Repeated crimes at the same property
You don’t have to prove that a property owner committed the crime that led to your injuries. But you must demonstrate that they failed to take reasonable precautions to prevent your foreseeable risk. You must also show that providing these measures would not have presented an undo burden to the defendant but rather are steps a reasonable person would take to protect others in the same circumstances.
What Is the Statute of Limitations for a Negligent Security Lawsuit in California?
The California personal injury statute of limitations is generally two years from your injury date. If you fail to file your negligent security lawsuit on time, a judge will dismiss your claim, and you will lose your right to seek damages through the courts.
Filing a lawsuit well before the statute of limitations passes has several advantages. It gives your negligent security claims lawyer time to conduct a thorough investigation of your incident and similar incidents in the area. They can preserve evidence and talk to witnesses before their memories fade.
Putting together a solid claim before you near the end of the statute of limitations gives you power in settlement negotiations with insurers.
Who Can Be Held Liable Under California Law for Negligent Security?
One or more parties may hold liability for the injuries you sustained due to a lack of reasonable security measures. Possible defendants in a negligent security claim include:
- Landlords
- Commercial property owners
- Businesses
- Event venue operators
- Security contractors
Proving that your injuries were foreseeable is one of the most challenging aspects of a negligent security claim. In Wiener v. Southcoast Childcare Centers, the California Supreme Court ruled that you must show that the property owner should have reasonably anticipated your specific incident and taken better security measures.
A defendant may argue that they don’t have to prevent all third-party incidents and also had no duty to prevent yours. In several cases, including Ann M. v. Pacific Plaza Shopping Center, the California Supreme Court has ruled that courts must weigh the foreseeability of harm against the landowner’s burden in providing various security measures.
In that case, the court held that while there are some circumstances under which a property owner has to provide security guards to avoid liability, that is a significant burden. As such, it only applies when a high degree of foreseeability of crime exists.
What Compensation Can Victims of Negligent Security Receive?
In a negligent security claim, you can seek economic damages for your financial losses and non-economic damages to compensate you for your pain and emotional harm. Your compensation can cover losses including:
- Emergency medical bills
- Ongoing medical or psychological treatment and therapy
- Pain and suffering
- Lost wages or inability to work
- PTSD or emotional trauma
- Punitive damages in extreme cases, such as those involving a conscious and willful disregard of others’ rights and safety.
- Funeral costs and other damages in a negligent security wrongful death claim
How To Prove a Negligent Security Case in California
In most California negligent security claims, a property or business owner can be liable for damages if each of four conditions exists:
- The victim was lawfully on the property. A trespasser generally cannot claim damages unless a property owner intentionally harms them.
- The crime was reasonably foreseeable. A reasonable person would have known your harm was likely to happen.
- The property owner failed to take appropriate precautions. They did not take reasonable steps under the circumstances to protect you against the foreseeable harm.
- The inadequate security contributed to the harm. There must be a direct causal connection between the lack of security measures and your harm. For example, you can’t only generally claim that a lack of lighting can lead to an attack. You must show that inadequate lighting was a substantial factor in causing your specific attack.
Every negligent security case is based on the specific circumstances of a plaintiff’s claim. What are considered reasonable steps to protect visitors in one case may not apply to another. Whether a reasonable person would have foreseen your harm is generally a matter for the insurance company or jury.
Video evidence, witness accounts, crime reports, and expert testimony can help you establish that the property owner was negligent and owes you compensation for your harm.
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Injured Due to Negligent Security? Cutter Law Is Ready To Help
We are committed to crime victims and have significant experience helping them seek compensation in complex premises liability cases. We offer compassionate client care, conduct thorough investigations, and partner with experts when necessary to prove liability and fight for damages.
Your finances are not an obstacle to securing award-winning representation. Our skilled negligent security claim lawyers offer free case evaluations, and there are no fees unless you win compensation.
We are family-owned, California-based, and client-focused. Contact us today at 888-285-3333 or complete our online form for a free consultation.
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California’s comparative negligence law divides the fault and uses that ratio to determine the damages a plaintiff can receive (even if they are more than 50% at fault).
Economic damages are the losses you can measure with dollars and cents, such as your lost wages, your past medical bills, and your future medical bills.
Non-economic damages are those quality of life losses that you sustain in an injury, including the pain and suffering, humiliation, and grief.
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