Suffer an injury due to inadequate security in Fresno, CA? Contact the top Fresno negligent security lawyer to seek compensation.
When property owners fail to provide adequate security, and you’re injured in a criminal attack, California law allows you to pursue compensation through a negligent security claim. Businesses, landlords, and other property owners must take reasonable steps to prevent foreseeable crimes, such as maintaining adequate lighting, installing security cameras, and ensuring functioning locks and gates.
If you were assaulted, robbed, or otherwise harmed on unsafe property in Fresno, the owner may share legal responsibility with the perpetrator. These cases require proving the owner knew or should have known about potential dangers and failed to act.
Our Fresno negligent security lawyers at Kuzyk Personal Injury & Car Accident Lawyers look into every detail of your premises liability case, from missing surveillance footage to past incidents, to build strong claims based on evidence. We have been holding property owners responsible and getting money for victims’ medical bills, lost wages, and emotional trauma for decades.
What Is Negligent Security Under California Law?
Negligent security occurs when property owners fail to implement reasonable safety measures to protect people from foreseeable criminal acts. This legal concept falls under California’s premises liability laws, which require property owners to maintain safe conditions for visitors.
California Civil Code Section 1714 establishes that property owners must exercise ordinary care to prevent injury to others. When applied to security matters, this means taking steps to deter criminal activity or limit harm in the event of attacks.
Common Examples of Inadequate Security
A property owner breaches this duty through various security failures:
Poor Lighting
Dark parking lots, stairwells, and walkways create opportunities for attackers, constituting a foreseeable hazard.
Broken Security Systems
Malfunctioning cameras, alarms, or access controls leave properties vulnerable and fail to deter criminal activity.
Insufficient Staffing
A lack of trained security personnel in high-risk locations, especially during peak hours or late at night, demonstrates a failure to provide reasonable protection.
Faulty Barriers
Broken locks, gates, or fencing that allow unauthorized access fail to protect the property’s perimeter and its visitors.
The key legal question is whether the property owner knew or should have known about security risks and failed to address them appropriately. Contact us for a free consultation and discover how our Fresno negligent security attorneys can help you seek compensation and justice.
When Do You Have a Valid Negligent Security Claim?
You may have grounds for a negligent security lawsuit if you were injured during a criminal attack on someone else’s property due to inadequate safety measures. These cases commonly arise from assaults, robberies, sexual attacks, and other violent crimes.
Your ability to file a civil claim does not depend on whether police caught the attacker or secured a criminal conviction. The focus is on the property owner’s failure to provide reasonable security, not solely on the criminal’s actions.
To establish a valid claim, we must prove several key elements:
- Duty of care: The property owner had a legal obligation to provide security.
- Breach of duty: They failed to meet reasonable security standards.
- Foreseeability: The crime that occurred was foreseeable given prior incidents or conditions.
- Causation: The security failure directly contributed to your injuries.
Don’t let crucial evidence disappear while you’re recovering from your injuries. Contact our Fresno negligent security attorneys at (661) 583-0388 for a free case evaluation to determine if you have a valid claim.
Who Can Be Held Liable for Inadequate Security?
Multiple parties may share responsibility for security failures that lead to criminal attacks. Determining all potentially liable parties is crucial for maximizing your compensation.
Property Owners and Landlords
Property owners bear primary responsibility for maintaining safe conditions on their premises. This includes residential landlords, commercial property owners, and business operators who control security decisions.
Property Management Companies
Many property owners hire management companies to oversee daily operations, including security measures. If the management agreement gives them control over safety protocols, lighting, or staffing decisions, they can be held liable for negligence.
Security Companies and Personnel
Third-party security firms have a duty to perform their contracted services competently. We can pursue claims against security companies for negligent hiring, inadequate training, or failure to respond appropriately to threats.
Commercial Tenants and Business Operators
In some cases, businesses that lease space may have contractual responsibility for security within their controlled area. This is particularly relevant for bars, nightclubs, and retail establishments that serve customers.
Common Locations for Negligent Security Incidents in Fresno
Security failures can occur anywhere, but certain types of properties present higher risks due to their layout, clientele, or location within Fresno.
Residential and Hospitality Sites
Apartment Complexes and Rental Properties
Residential properties must provide basic security. Failures often include broken entry gates, malfunctioning intercom systems, and poorly lit common areas, all of which allow intruders easy access to tenants and guests.
Hotels, Motels, and Hospitality
Hotels have heightened security obligations due to the transient nature of their clientele. Security failures often involve inadequate keycard systems, poor corridor lighting, and insufficient monitoring of entrances.
Commercial and Public Spaces
Parking Lots and Garages
Large parking areas at shopping centers and apartment complexes are frequent sites for attacks. Security vulnerabilities include inadequate lighting, missing surveillance, poor visibility, and broken emergency call systems.
Bars, Nightclubs, and Venues
Establishments that serve alcohol face increased liability for violence on their premises. Properties along Fresno’s entertainment corridors have particular obligations to address known risks associated with late-night crowds and alcohol consumption.
How We Prove Your Negligent Security Case
Building a successful negligent security claim requires gathering comprehensive evidence to demonstrate the property owner’s knowledge of risks and failure to address them. Time is critical, as crucial evidence can be lost or destroyed quickly.
Documenting the Scene and Your Injuries
Immediate action ensures robust evidence. You must document the scene with photographs, showing poor lighting, broken security equipment, or other hazardous conditions. Furthermore, your medical records must clearly document your injuries and their direct connection to the criminal attack. Seek prompt medical attention, even for seemingly minor injuries.
Preserving Video Evidence and Records
Security footage is often the most compelling evidence in these cases, but businesses frequently delete recordings within days or weeks. We immediately send spoliation letters demanding preservation of all relevant video footage, incident reports, and communication records.
Emergency response records, including 911 calls and police dispatch logs, can reveal important details about the incident and response times.
Establishing Foreseeability Through Crime History
To hold a property owner liable, we must prove the attack was “foreseeable” based on prior criminal activity or dangerous conditions. We research police reports, incident logs, and neighborhood crime data from the Fresno Police Department and crime-mapping databases to identify patterns that put the owner on notice.
Expert Testimony on Security Standards
We rely on Security Experts and former law enforcement professionals. They help establish what reasonable security measures should have been in place and can testify that the property owner’s security fell below accepted industry standards for similar properties.
Types of Compensation Available in Negligent Security Cases
Victims of security-related attacks can recover comprehensive compensation for all the ways the incident has impacted their lives. California law allows recovery of both economic and non-economic damages.
Medical Expenses and Future Care Costs
Economic damages cover all medical expenses related to your injuries, including emergency room treatment, hospital stays, surgery, physical therapy, and psychological counseling. We also pursue compensation for future medical care you may need.
Mental health treatment is critical in these cases, as many victims who suffer traumatic brain injuries develop post-traumatic stress disorder, anxiety, or depression following violent attacks.
Lost Income and Diminished Earning Capacity
You can recover compensation for wages lost while recovering from your injuries, as well as reduced earning capacity if catastrophic injuries prevent you from returning to your previous work or limit your career advancement.
We work with vocational experts and economists to calculate the full financial impact of your injuries over your expected working lifetime.
Pain, Suffering, and Emotional Distress
Non-economic damages compensate you for the physical pain and emotional trauma of the attack. These damages recognize that the impact of violent crime extends far beyond medical bills and lost wages.
California does not cap non-economic damages in most personal injury cases, allowing juries to award compensation that genuinely reflects the severity of your suffering.
Wrongful Death and Survivor Benefits
When negligent security failures result in death, family members can pursue wrongful death claims for lost financial support, companionship, and funeral expenses. These cases require immediate action to preserve evidence and meet strict legal deadlines.
California’s Time Limits for Filing Security Claims
California imposes strict deadlines for filing personal injury lawsuits, and missing these deadlines permanently bars your right to compensation.
Two-Year Statute of Limitations
California Code of Civil Procedure Section 335.1 gives you two years from the date of injury to file a lawsuit against private property owners. This deadline applies to most negligent security cases involving commercial properties, apartment complexes, and private businesses.
The clock typically starts running on the date you were injured, not when you discovered the property owner’s negligence.
Special Rules for Government Property Claims
Suppose your attack occurred on government property, such as a public park, transit station, or government building. In that case, you must file a formal claim with the responsible agency within six months of the incident.
This government claim requirement is separate from and must be completed before filing a lawsuit. Missing this six-month deadline usually prevents you from pursuing any compensation from government entities.
Steps to Take After a Security-Related Attack
The actions you take immediately after an attack are crucial for protecting your health and preserving your legal rights. Follow these essential steps while prioritizing your safety and medical care.
Ensure Your Safety and Call for Help
Your priority is getting to a safe location away from any ongoing threat. Call 911 immediately to report the crime and request medical assistance if needed.
Police reports create official documentation of the incident that will be important for your legal case. Provide factual information about what happened, but avoid speculating about causes or accepting blame.
Seek Immediate Medical Attention
Get a thorough medical evaluation even if your injuries seem minor. Some trauma symptoms, including head injuries and internal damage, may not be immediately apparent.
Tell your healthcare providers exactly how your injuries occurred to ensure your medical records accurately reflect the connection to the criminal attack.
Document Evidence at the Scene
If you’re able to do so safely, take photographs of the location where the attack occurred. Focus on security failures such as broken lights, malfunctioning gates, or areas with poor visibility.
Also, photograph any visible injuries you sustained, as these images can be robust evidence of the attack’s severity.
Report the Incident to Property Management
File a written report with the property owner or manager describing the attack and any security failures you observed. Request a copy of this report for your records.
This notification puts the property owner on formal notice of the incident and may prevent similar attacks on other victims.
How Kuzyk Personal Injury & Car Accident Lawyers Handles Your Case
Our experienced legal team begins investigating your case immediately to preserve crucial evidence and build the most substantial possible claim for compensation.
We visit the attack site to document security failures, interview witnesses, and gather all available evidence before it is lost or destroyed. Our Fresno negligent security attorneys work with security experts and former law enforcement professionals to analyze the property’s safety measures and identify all responsible parties.
Kuzyk Personal Injury & Car Accident Lawyers handles all communications with property owners, insurance companies, and their attorneys while you focus on recovery. We pursue maximum compensation through aggressive negotiation and are always prepared to take your case to trial if necessary.
Our firm has successfully represented clients throughout California in personal injury cases, helping them secure the compensation needed to rebuild their lives after traumatic injuries.
Frequently Asked Questions About Negligent Security Claims
Can I Sue if the Police Never Caught My Attacker?
Yes, you can pursue a civil lawsuit against the property owner even if the criminal was never identified or prosecuted. Your case focuses on the property owner’s security failures, not the identity of the person who attacked you.
What if I Was Partially at Fault for the Attack?
California’s comparative negligence law allows you to recover damages even if you bear some responsibility for the incident. Your percentage of fault will reduce your compensation, but you can still pursue a claim against the negligent property owner.
How Long Will My Negligent Security Case Take?
Case timelines vary depending on the complexity of your injuries, the amount of evidence available, and the willingness of the property owner’s insurance company to negotiate fairly. Most cases resolve within 12 to 24 months, though complex cases may take longer.
Contact a Fresno Negligent Security Lawyer Today
You shouldn’t have to bear the financial burden of an attack that could have been prevented through proper security measures. The dedicated attorneys at Kuzyk Personal Injury & Car Accident Lawyers are here to hold negligent property owners accountable and secure the compensation you deserve.
If you were injured in a criminal attack due to inadequate security in Fresno, call us at (661) 583-0388 for a free confidential consultation. We’ll evaluate your case, explain your legal options, and help you understand what compensation may be available to you.
Remember that we only get paid if we win your case and get you money for your injuries. Don’t let your claim run out of time; call our experienced negligent security lawyers right away.
