Negligent Security in California: When Is a Property Owner Liable?

TL;DR: A negligent security claim in California involves an injury caused by someone else's criminal act that may have been prevented with reasonable security measures. Property owners, landlords, and businesses may be liable if they fail to address foreseeable risks, but they're not automatically responsible whenever a crime happens on their property. Whether you have a claim depends on the circumstances, the security measures that were reasonable, and whether the failure contributed to your injury.

Table of Contents

What Is a Negligent Security Claim in California? What Must You Prove in a Negligent Security Claim? What Makes a Crime Foreseeable? What Are Common Examples of Negligent Security? What Evidence Can Help Prove a Negligent Security Claim? How Long Do You Have to File a Claim? Frequently Asked Questions

What Is a Negligent Security Claim in California?

A negligent security claim is generally a type of premises liability claim. It involves situations where a property owner or another responsible party fails to take reasonable steps to protect people from foreseeable criminal activity, and someone gets hurt as a result. Under California Civil Code § 1714, people generally have a duty to use reasonable care to avoid causing harm to others.

For example, if apartment management failed to provide adequate security, and someone later gets assaulted by a person who snuck in, the injured resident may have a case. Of course, property owners can't prevent every crime. What matters is whether they had reason to see the risk coming and whether taking reasonable security measures could have helped prevent the injury.

What Must You Prove in a Negligent Security Claim?

A negligent security claim California residents bring generally requires evidence that:

The property owner or another defendant had a duty to use reasonable care.
The defendant failed to take reasonable security precautions.
That failure contributed to the criminal incident and the resulting injury.
The injured person suffered damages.

The person who committed the crime may be directly responsible, but that doesn't automatically rule out a claim against a property owner whose negligence also contributed to the harm.

What Makes a Crime Foreseeable?

Foreseeability is a major issue in negligent security claims. It asks whether the risk of the type of criminal activity was reasonably predictable under the circumstances. Previous similar crimes can help establish foreseeability. So can complaints about threats, break-ins, or unauthorized entry that put management on notice of a potential risk.

However, prior crimes aren't always necessary to support a claim. Courts may also look at the property's location, known security issues, and other circumstances. The type of security involved matters, too. Just because a crime could have been anticipated doesn't automatically mean guards were legally required. California premises liability laws can be complicated, so speaking with an attorney can help you understand whether you may have a claim.

What Are Common Examples of Negligent Security?

Negligent security can look different depending on the property and the risks involved. Some common examples include:

Broken gates, doors, or locks that let unauthorized people enter
Poor lighting in hallways, stairwells, or parking lots
Broken or neglected security cameras
Ignored security complaints from tenants, guests, or customers
Inadequate security personnel when the situation calls for additional security

These problems can happen at apartment complexes, hotels, shopping centers, office buildings, and parking garages. But a broken lock or missing camera doesn't automatically mean the property owner was negligent. It depends on the circumstances and whether they knew or should have known about the risk and failed to take reasonable steps to fix it.

What Evidence Can Help Prove a Negligent Security Claim?

Evidence can help show what happened, whether the risk was foreseeable, and whether reasonable precautions were missing. Useful records may include:

Police and incident reports.
Surveillance footage, security logs, and access records.
Maintenance records and repair requests involving broken gates, locks, or lights.
Previous complaints about criminal activity or security problems.
Photos of the property, witness statements, and medical records.

If you're injured, get medical attention and save any messages or emails you've exchanged with management. Security footage can be deleted or overwritten, so ask management to preserve any footage that could help show what happened as soon as possible.
​

How Long Do You Have to File a Claim?

California generally allows two years from the date of injury to file a personal injury lawsuit. Exceptions may apply, and claims involving government entities can have much shorter deadlines. Getting legal advice early can help protect evidence such as surveillance footage, security logs, and witness statements.

If you have questions regarding a California negligence security law, contact our injury law firm in North Hollywood. Since 1998, Yepremyan Law has helped thousands of clients across Southern California. Whether you need a personal injury attorney in North Hollywood or an accident lawyer in Inglewood, call our office today to schedule a free consultation.

We work on a contingency basis for all personal injury matters. This means you pay nothing unless your case has been settled or won.

Frequently Asked Questions

Can a property owner be liable if someone assaults you?

Possibly. A property owner may be liable if reasonable security precautions were needed to address a foreseeable risk and failing to take them contributed to the assault.

Do there have to be prior crimes for a negligent security claim?

No. Previous similar incidents can help show that a risk was foreseeable, but courts may consider other circumstances.

What makes criminal conduct foreseeable in California?

Courts may consider previous crimes, reports of threats or suspicious activity, the property's location and condition, and other facts that could put a responsible party on notice of a risk.

Can broken locks or gates support a negligent security claim?

Yes, potentially. If a broken lock or gate created a security risk, the responsible party knew or reasonably should have known about it, and the failure to address it contributed to an injury, it may support a claim.

*No Legal Advice Intended. This website includes general information about legal issues and developments in the law. These materials have been prepared for general informational purposes only and are not intended to be legal advice. Please consult an attorney for legal advice pertaining to any particular legal matter. Use of and access to this website or any of the links or resources contained within the site do not create an attorney-client relationship between the reader, user, or browser and Yepremyan Law Firm and any of its attorneys, employees, or associates.