What is a "duty of care" in a negligent security case?

In a negligent security case, proving liability comes down to showing whether a property owner had a “duty of care” to protect others from injury—meaning a legal obligation to provide safety measures to help prevent injuries and ensure visitors and/or residents are reasonably safe.

How does California premises liability law define a property as "reasonably safe"?

Under California’s premises liability laws, defining a property as “reasonably safe” comes down to the property owner exercising reasonable care to maintain their property, inspect the property, repair any dangerous conditions, and give adequate warning of any dangerous conditions.

What are common examples of inadequate security?

Common examples of inadequate security include broken apartment gates or keypads, lack of adequate lighting or broken lights, lack of physical security (taking into consideration the size of the property and the number of people on it), and broken or lack of security cameras.

How are local crime statistics used in negligent security cases?

Typically, in negligent security cases, local crime stats will be assessed. For example, if an apartment complex sits in an area with a high number of theft crimes or assaults, that should be considered when providing security measures, which may involve hiring more security officers and ensuring the property is adequately lit during the night.

What can you do if you were the victim of a crime due to negligent security?

If you were the victim of a crime due to negligent security, you have the right to pursue compensation for your injuries. Personal injury attorneys can look at the evidence of your case to determine if a property owner was responsible for your injuries and help you pursue the compensation you need to recover.

Negligent Security Lawsuits: What Is Reasonably Safe? | Fowler Helsel Vogt Injury Lawyers

Everyone deserves the right to feel safe and secure, especially in their own home or on their property. Unfortunately, feeling safe and being safe do not always go hand in hand. Theft, rape, assault, and other crimes can occur more frequently when proper safety measures are not taken.

Basic Duty of Care

When it comes to a negligent security case, proving liability comes down to showing whether a property owner had a “duty of care” to protect others from injury – that is, whether they had a legal obligation to provide safety measures to help prevent injuries and ensure visitors and/or residents are reasonably safe.

Under California’s premises liability laws, defining a property as “reasonably safe” comes down to the property owner exercising reasonable care to:

Maintain their property
Inspect the property
Repair any dangerous conditions; and
Give adequate warning of any dangerous conditions

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Adequate Security

The physical safety features that are required to provide a reasonable amount of safety will vary case by case. Some common examples of inadequate security include:

Broken apartment gates or keypads
Lack of adequate lighting or broken lights
Lack of physical security (taking into consideration the size of the property and the number of people on it)
Broken or lack of security cameras

Typically, in negligent security cases, local crime stats will also be assessed. For example, if an apartment complex sits in the middle of a location that has a high number of theft crimes or assaults, they should consider that when providing security measures. This may involve hiring more security officers and making sure that the property is adequately lit during the night.

Contact a Fresno Negligent Security Injury Attorney

If you were the victim of a crime due to negligent security, you have the right to pursue compensation for your injuries. Our personal injury attorneys will look at the evidence of your case to determine if a property owner was responsible for your injuries and help you pursue the compensation you need to recover.

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Mark Vogt Attorney / Partner

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We move things forward while you recover
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