Negligent Security Attorney in Encino

The Legal Foundation of a Negligent Security Claim in California

California Civil Code §1714 establishes that property owners are responsible for injuries caused by their failure to exercise ordinary care in managing their property. California courts have built on this by recognizing a special relationship between businesses and their invitees, and between landlords and tenants, that can impose a duty to protect against foreseeable criminal acts by third parties. The premises liability page covers the four core elements of these claims in detail. In negligent security cases, the central battleground is usually foreseeability: whether the owner knew or should have known that criminal activity was a realistic risk.

Courts look at prior similar crimes at or near the property, the area’s known crime rate, and whether the owner had received complaints or incident reports before the attack. A property owner who can show that reasonable security measures were in place and that the specific crime wasn’t foreseeable has a stronger defense. Owners who ignored a documented history of criminal activity face a much harder argument.

Where Negligent Security Incidents Occur in the Los Angeles Area

These claims arise across a wide range of property types in Encino and throughout the Los Angeles area. The security failures courts examine and the parties who may be held liable vary by situation.

Common Property Types and Security Failures

Incidents commonly occur at apartment complexes, parking lots and structures, shopping centers, bars and nightclubs, hotels, office buildings, ATM locations, and entertainment venues. The security failures that courts examine include:

• Broken or non-functioning entry gates
• Inadequate lighting in stairwells or parking areas
• Malfunctioning or absent security cameras
• Failure to employ trained security personnel
• Lack of perimeter protection

Who May Be Held Liable

Liability may fall on the property owner, the business leasing the space, a third-party security contractor, a property management company, or, in incidents on public property, a government entity. Under California law, a defendant’s security failure must be a substantial causal factor in bringing about the plaintiff’s injuries. Inadequate security alone isn’t enough if a different measure wouldn’t have prevented the specific crime.