Assaults and violent incidents don’t just happen out of nowhere—they’re often preventable, especially when property owners take appropriate steps to keep their premises safe. Unfortunately, too many victims in California suffer life-changing injuries on properties where better lighting, surveillance, or security could have made all the difference. A 2023 FBI Crime Data Explorer report found that over 40% of aggravated assaults in California occurred in or near a residence or commercial establishment—places where victims reasonably expected safety. [Source]
If you or someone you love was assaulted on someone else’s property, you may have the legal right to file a negligent security lawsuit under California’s premises liability laws. These claims aren’t just about holding the right people accountable—they’re about protecting others from experiencing the same trauma and helping you recover with the financial and legal support you deserve.
At State Law Firm, we’re a boutique team of driven personal injury attorneys based in Sherman Oaks, working diligently to become litigators who not only settle but also fight for the most challenging cases. Whether your incident took place in a dimly lit parking lot, an apartment complex with broken locks, or a business that ignored a known crime risk, we’re here to walk you through your options.
This article will guide you through the basics of negligent security law in California, from understanding your rights to gathering strong evidence—like traffic camera footage—that could support your claim. Let’s break down what negligent security means, what legal steps you can take, and how having the proper representation can make all the difference.
Understanding Negligent Security: What It Means Under California Law
Negligent security is a form of premises liability in which a property owner fails to provide adequate protection for individuals who are legally on their property. In California, property owners, managers, and landlords have a legal duty of care to maintain reasonably safe conditions. This includes addressing foreseeable risks of criminal activity, in addition to physical hazards.
If a property is located in a high-crime area orhas a history ofn past incidents of violence, the owner may be expected to take preventive measure,s such as installing security cameras, adding lighting, or hiring security personnel. Failing to do so could lead to legal liability if someone is harmed.
Everyday Situations Leading to Negligent Security Claims
Negligent security incidents are not limited to one type of property. They can occur in places as varied as apartment complexes, hotels, shopping centers, parking garages, schools, and entertainment venues. These incidents often involve violent crimes such as assault, robbery, or battery.
Typical examples of negligent security include:
- Inadequate or broken locks in residential buildings
- Poorly lit stairwells, hallways, or parking areas
- No security staff despite known safety risks
- Absence of cameras in high-traffic areas
- Failure to respond to prior reports of criminal activity
When property owners fail to take reasonable steps to deter crime, and someone is harmed as a result, they may be held accountable.
The Legal Grounds for Filing a Negligent Security Lawsuit
A negligent security lawsuit in California generally requires proof of four elements:
- The property owner owed a duty of care to the victim
- The owner breached that duty by failing to provide adequate security.
- The breach contributed directly to the incident.t
- The harm suffered was foreseeable.
Foreseeability is key. If there was a history of similar incidents or warnings, and the property owner failed to act, liability is more likely. You do not need to prove that the owner intended harm—only that they were unable to take steps a reasonable person would have taken under the circumstances.
How to Prove Your Case: Evidence Needed for a Successful Claim
Gathering the proper evidence is critical to the success of a negligent security claim. Plaintiffs must demonstrate both the property owner’s failure and the foreseeability of the harm.
Useful evidence includes:
- Police reports from the incident
- Witness statements from those present or familiar with the property
- Surveillance footage, or proof of the lack of cameras
- Prior incident reports or security complaints
- Property maintenance logs and repair records
- Crime statistics for the area
Photographic or video evidence can be especially persuasive. For example, you can learn more about obtaining traffic camera footage to support your claim.
The Role of Insurance Companies in Negligent Security Cases
The property owner’s insurance company defends most negligent security claims. Insurance adjusters often attempt to minimize payouts by questioning the foreseeability of the crime or by attributing blame to the criminal actor rather than the property conditions.
Common tactics include:
- Claiming the crime was random and unpredictable
- Offering low initial settlements to avoid litigation
- Arguing that the victim was partially responsible.
This is why it is essential to have legal representation. An experienced personal injury firm can adequately assess the value of your claim, negotiate with insurers, and prepare for trial if needed.
The Importance of Legal Representation in Negligent Security Lawsuits
Hiring the right attorney is one of the most critical steps a victim can take after an assault on private property. At State Law Firm, our team of young, ambitious attorneys is committed to evolving into trial-ready litigators who fight for our clients, not just settle cases.
Advantages of working with our boutique firm include:
- Personalized case strategy and communication
- A deep understanding of California premises liability law
- Contingency-based representation with no fees unless we win
We know how to pursue complex cases, and we’re not afraid to challenge large property owners or insurance carriers in court when necessary.
Taking Action Against Negligent Security – Your Rights and Next Steps After an Assault on Property
Being assaulted on someone else’s property can leave lasting physical and emotional trauma. But you may have legal options. California law allows victims to pursue compensation when property owners fail to take reasonable steps to prevent foreseeable harm.
If you or a loved one has experienced an assault due to negligent security, the team at State Law Firm is here to help you understand your rights and evaluate your next steps. We offer clear guidance, determined representation, and a commitment to achieving justice—because your recovery starts with accountability.