Suffer an injury due to inadequate security in Bakersfield, CA? Contact the top Bakersfield negligent security lawyer to seek compensation.
Violent crimes on unsafe properties can leave victims in Bakersfield facing lasting physical, emotional, and financial harm. When property owners ignore known risks or fail to provide proper security, California law allows victims to seek justice through negligent security claims.
At Kuzyk Personal Injury & Car Accident Lawyers, our Bakersfield negligent security lawyers hold negligent property owners accountable for assaults, robberies, and attacks that could have been prevented with reasonable safety measures.
Our injury attorneys investigate how inadequate lighting, broken gates, or a lack of security contributed to your injuries and use local crime data to prove negligence.
Our experienced negligent security lawyers handle every aspect of your premises liability claim, from gathering evidence to negotiating with insurers, to pursue full compensation for your medical costs, lost wages, and pain and suffering. You pay nothing unless we win your case.
What Is Negligent Security Under California Law?
Negligent security is a type of premises liability claim that holds property owners accountable when inadequate safety measures lead to criminal attacks on visitors. Under California Civil Code Section 1714, property owners must exercise reasonable care to prevent foreseeable harm to people on their property.
The key element in these cases is “foreseeability,” meaning the property owner knew, or should have known, that criminal activity could occur. This legal standard protects victims injured by a property owner’s failure to implement proper security measures.
For a successful claim, we must prove that the property owner breached their duty of care and that this breach directly caused your injuries. California’s comparative negligence laws allow you to recover damages even if you bear some responsibility for the incident.
Contact us for a free consultation and discover how our award-winning injury attorneys can help you seek compensation and justice.
Common Types of Negligent Security Incidents
Negligent security cases arise in various settings where property owners fail to protect visitors from criminal acts. These incidents often occur in locations with high foot traffic or areas previously known for criminal activity.
Incidents on Commercial Property
These incidents typically stem from a failure to secure areas where customers or guests are expected.
Assaults in Parking Lots
Poorly lit or unmonitored parking areas create opportunities for attackers, making property owners liable for injuries sustained during assaults or robberies in these spaces.
Retail Store and ATM Robberies
A lack of adequate security, such as insufficient security cameras or guards during high-risk hours at retail stores, or inadequate lighting and surveillance around automated teller machines (ATMs), can lead to violent crime.
Residential and Hospitality Incidents
Negligent security is often found where people live or stay overnight:
Hotel and Motel Attacks
Inadequate security features, such as broken or easily bypassed door locks, non-functioning security doors, or a complete lack of surveillance systems, leave guests vulnerable to criminal acts.
Apartment Complex Violence
Faulty perimeter gates, missing or ineffective security patrols, or malfunctioning lighting in common areas such as stairwells and laundry rooms can contribute to criminal activity in residential communities.
Entertainment and Public Venue Violence
Property owners have a duty to maintain a safe environment in public gathering spots:
Bar and Nightclub Fights
Incidents here often result from having insufficient security staff or the failure of management to quickly remove visibly aggressive or intoxicated patrons who pose a threat to others.
Each situation requires careful investigation to determine whether the property owner took reasonable steps to prevent the criminal act. Our Bakersfield negligent security attorneys examine every detail to build the strongest possible case for our clients.
Who Can Be Held Liable for Inadequate Security?
Determining liability in negligent security cases often involves multiple parties who had control over the property’s safety measures. The responsible parties depend on the specific circumstances and relationships involved in your case.
Property Owners and Management Companies
Property owners are primarily responsible for maintaining safe conditions on their premises. This duty includes hiring sufficient security personnel, installing appropriate lighting, and maintaining functional locks and barriers.
Management companies that operate properties on behalf of owners share this responsibility. They can be held liable when they ignore security concerns or fail to address known safety hazards.
Security Companies and Guards
Third-party security firms can face liability when their negligence contributes to criminal incidents. This includes hiring unqualified guards, providing inadequate training, or failing to follow proper security protocols.
Individual security guards may also be liable if they abandon their posts, fail to respond to incidents, or act negligently while on duty. Our investigation examines all aspects of the security arrangement to identify responsible parties.
Tenants and Business Operators
In some cases, commercial tenants or business operators may share liability for security failures. This typically occurs when they have control over specific security measures or fail to report known dangers to property owners.
Franchisors can also face liability when they establish security standards for franchisees but fail to ensure compliance. We review all contractual relationships to determine who was responsible for maintaining adequate security.
What Makes a Crime Foreseeable in California?
Proving that the property owner knew or should have anticipated the criminal act is the core of a successful claim handled by your Bakersfield negligent security lawyer.
Prior Criminal Activity
The strongest evidence is the history of crime. We establish foreseeability based on prior crimes on or near the property by obtaining police reports, incident logs, and 911 call records. This data proves a pattern of criminal activity that put the owner on notice and should have prompted better security measures.
Property Design and Environmental Factors
Poor property design can create conditions that encourage crime, violating Crime Prevention Through Environmental Design (CPTED) principles. Factors such as blind spots and hidden areas, poor lighting, lack of natural surveillance, and easy escape routes all increase the risk of crime. Our security experts evaluate these design flaws to show how the property’s layout facilitated your attack.
Industry Standards and Crime Rates
We strengthen the claim by considering industry standards for comparable properties and the high local crime rate. Expert testimony from security professionals helps demonstrate what reasonable security measures should have been in place and how the property owner’s negligence fell short of these accepted standards.
Types of Security Failures That Lead to Liability
Property owners can be held liable for security failures that create opportunities for criminal attacks. These failures often stem from inadequate physical security measures or weak security policies and procedures.
Physical Security Deficiencies
Broken or inadequate physical security features frequently contribute to criminal incidents and other risks, such as slip-and-fall accidents. Faulty locks allow unauthorized access to buildings, while broken gates fail to control entry to parking areas or shared spaces.
Insufficient lighting creates dark areas where criminals can hide and attack unsuspecting victims. Malfunctioning security cameras provide a false sense of security without actual protection.
Staffing and Training Issues
Inadequate security staffing leaves properties vulnerable during high-risk periods. Properties that require security guards but fail to provide them face increased liability when crimes occur.
Poor training of security personnel can also lead to liability. Guards who don’t know how to respond to suspicious activity or emergencies may fail to prevent criminal acts.
Policy and Procedure Failures
Some properties have adequate security measures but fail to implement proper policies and procedures. This includes failing to conduct background checks on employees or contractors with access to the property.
Inadequate visitor screening procedures can allow dangerous individuals onto the property. Properties that fail to maintain visitor logs or check identification face increased liability when crimes occur.
Proving Your Negligent Security Case
Building a successful negligent security case requires a comprehensive investigation and meticulous evidence gathering. We work quickly to preserve crucial evidence before it disappears or gets destroyed.
Surveillance Footage and Security Records
Security camera footage provides robust evidence of both the criminal act and the security conditions at the time of the incident. We immediately send preservation letters to prevent the destruction of this critical evidence.
We obtain security logs, incident reports, and guard schedules; these records often reveal critical coverage gaps or failures to follow proper security procedures.
Expert Witness Testimony
To establish liability, we rely on specialized experts. Security experts evaluate the adequacy of safety measures, develop industry standards, and identify the specific failures that contributed to your attack.
Crime scene reconstruction experts analyze the incident to demonstrate precisely how reasonable security measures could have prevented the attack, directly linking the security failures to your injuries.
Official Reports and Records
We utilize official documentation to establish foreseeability and failure. We obtain police reports, which document the criminal incident and often identify security deficiencies noted by investigating officers.
We also obtain 911 call logs and dispatch records to document the property’s history of criminal activity, demonstrating that the owner should have anticipated and acted to prevent such activity.
Damages Available in Negligent Security Cases
Victims of negligent security can recover both economic and non-economic damages for their injuries and losses. California law allows compensation for all harm directly caused by the security failure.
Economic Damages
Economic damages cover your measurable financial losses. This includes all medical expenses and treatment costs (emergency room, surgery, rehabilitation, and future care), mental health counseling costs (for trauma, anxiety, and PTSD), and lost income and earning capacity (wages lost and future reduction in earning potential).
Non-Economic Damages
Non-economic damages compensate for the physical and emotional trauma you endured. This includes pain, suffering, and emotional distress resulting from the violent criminal acts. This category acknowledges the severe and long-lasting psychological impact of violent crime, which is a significant part of the harm suffered.
Punitive Damages
In rare cases involving malice or a property owner’s conscious disregard for safety, California courts may award Punitive Damages to punish the defendants and deter similar behavior.
California’s Statute of Limitations for Negligent Security Claims
Most negligent security claims must be filed within two years of the date of injury under California Code of Civil Procedure Section 335.1. This deadline applies to cases against private property owners and businesses.
The clock typically starts running on the date of the criminal attack, but some exceptions may extend this deadline. Consulting with an attorney immediately helps ensure you don’t miss critical filing deadlines.
Steps to Take After a Security-Related Attack
The actions you take immediately after a criminal attack are crucial for your recovery and your legal case. Following these steps helps protect your health and preserve crucial evidence, supported by your Bakersfield negligent security lawyer.
Ensure Safety and Seek Medical Care
Your priority is to make sure you are safe. If you are in immediate danger or need medical help right away, call 911. Always get medical help right away, even for injuries that don’t seem serious. Medical records made soon after the event are vital for your case.
Report and Preserve Evidence
You need to notify both the police and the property owner or manager of the attack, and obtain copies of all police and incident reports. If it’s safe, take pictures of the scene, including the area, security features, lighting, and your visible injuries.
Contact Your Bakersfield Negligent Security Lawyer
Contact a Bakersfield negligent security lawyer with experience. We send preservation letters immediately to prevent the destruction of substantial evidence, such as surveillance footage. Early legal action ensures that witness statements are taken while memories are still fresh, helping prevent the loss of evidence and the weakening of claims.
Why Choose Kuzyk Personal Injury & Car Accident Lawyers
Our Bakersfield legal team brings decades of experience handling complex negligent security cases throughout California. We understand the unique challenges these cases present and have the resources to investigate your claim thoroughly.
We conduct thorough investigations to identify all responsible parties and gather evidence needed to prove your case. Our team works with leading security experts, crime scene specialists, and other professionals to build the strongest possible claim.
Our personal injury attorneys have successfully recovered substantial compensation for negligent security victims throughout the Bakersfield area. We have the experience and resources to take on large property management companies and their insurance carriers.
Our commitment to contingency representation demonstrates our confidence in our ability to win your case. We only succeed when our clients receive the compensation they deserve.
Frequently Asked Questions
Can I Sue for Negligent Security if the Attacker Was Never Caught?
Yes, you can pursue a negligent security claim even if the attacker was never arrested. The case focuses on the property owner’s failure to provide adequate security and on establishing that stronger measures could have prevented the attack. We build the claim based on security failures and foreseeability, which do not require knowing the criminal’s identity.
What if I Was Partially at Fault for the Incident?
California’s comparative negligence law allows you to recover damages even if you bear some responsibility. Your percentage of fault will reduce your total compensation, but you can still recover substantial damages. For example, if you are 20% at fault, your award is reduced by 20%. Our attorneys work diligently to minimize any fault attributed to you.
How Long Do Negligent Security Cases Usually Take to Resolve?
The timeline varies widely based on the case’s complexity and the defendants’ willingness to negotiate. Simple cases may resolve in months, while complex cases can take several years to conclude. We work efficiently to achieve the best possible outcome, whether through settlement or trial verdict.
Contact a Bakersfield Negligent Security Lawyer Today
If you’ve been injured in a criminal attack on someone else’s property, don’t wait to protect your rights. The experienced attorneys at Kuzyk Personal Injury & Car Accident Lawyers are ready to fight for the compensation you deserve.
We offer free consultations to evaluate your case and explain your legal options. Our team is available 24/7 to discuss your situation and answer your questions about pursuing a negligent security claim.
Call us today to schedule your free consultation and learn how we can help you hold negligent property owners accountable for their failures. You deserve justice for your injuries, and we’re here to help you get it.
