Shopping Center Negligent Security: Who Is Liable for Crime?

News reports across California continue to highlight a troubling trend. Brazen robberies and violent assaults are occurring at local shopping centers and malls. While law enforcement works to combat this crime wave, a critical question remains for the public: what about your safety when you shop? If you are injured during a robbery or assaulted in a poorly lit parking lot, is anyone responsible besides the criminal? Under California law, the answer is often yes. This area of law is known as Shopping Center Negligent Security.

When a property owner fails to take reasonable steps to protect patrons from predictable criminal acts, they may be held legally liable for the resulting harm. This article explains this legal duty and what you can do if you become a victim.

Liability for Third-Party Crime at Shopping Centers

A mall owner or business cannot guarantee that crime will never happen. However, they are not off the hook for patron safety. California law requires property owners to take reasonable steps to secure their premises. They must protect visitors from foreseeable criminal acts committed by third parties.

The Crucial Element: Foreseeability

“Foreseeability” is the key concept in these cases. To hold a property owner liable, an injured victim must generally show that the crime was foreseeable. How do courts determine this? According to California law, including legal principles outlined in state jury instructions like CACI No. 1005, foreseeability often depends on prior similar incidents. For example, if a shopping center’s parking garage has had several assaults, another assault becomes more foreseeable. The property owner is then on notice that a dangerous condition exists and must act.

What Constitutes Shopping Center Negligent Security?

When crime is foreseeable, a property owner’s failure to implement reasonable security measures can be negligence. What does “inadequate security” look like in practice? It can include many different failures:

• Poor or Inadequate Lighting: Dimly lit parking lots, garages, and hallways create opportunities for criminals to attack patrons.
• Lack of Visible Security Cameras: Functioning and visible surveillance cameras can deter criminals. A lack of cameras, or having fake ones, can show negligence.
• Insufficient Security Guards: Not having enough security personnel to patrol the property is a major failure. This is especially true in high-risk areas or during peak hours.
• Improperly Trained Security: Security guards need proper training to observe, report, and respond to suspicious activity.
• Broken Locks, Gates, or Fences: Failing to maintain basic security hardware is a clear sign of negligence.
• Ignoring Known Dangers: Allowing gangs to loiter or failing to respond to an escalation of criminal activity on the property shows a disregard for safety.

Any one of these failures can contribute to an unsafe environment where patrons are left vulnerable.

Your Rights as a Victim of Inadequate Security

If a third party’s criminal act injured you at a mall, you may have the right to file a civil lawsuit against the property owner for negligent security. This claim seeks monetary damages to compensate you for your injuries and losses. This civil claim is completely separate from any criminal case against the person who attacked you. Crucially, a negligent security claim allows you to seek compensation from the property owner’s insurance policy. This is often the only practical way for victims to recover financially.

Steps to Take if You Are Harmed at a Shopping Center

The moments after a crime are terrifying. However, if you can, taking these steps can help protect your health and your legal rights:

1. Get to Safety and Call 911: First, get away from the danger and call the police immediately.
2. Seek Medical Attention: Get a full medical evaluation. Some serious injuries are not immediately apparent. This also creates a vital medical record.
3. Report the Incident to Management: Report the crime to the mall’s security office or property manager. Insist on filing an incident report.
4. Document Everything: Use your phone to take photos of the location. Note things like poor lighting or broken gates. Also, take photos of your injuries.
5. Get Witness Information: If anyone else saw the incident, politely ask for their name and phone number.
6. Consult an Attorney: Before giving recorded statements to any insurance representatives, speak with a personal injury lawyer. An attorney will protect your interests.

How KAASS LAW Investigates These Complex Claims

Proving a Shopping Center Negligent Security claim requires a thorough investigation. At KAASS LAW, we have extensive experience handling complex Personal Injury cases, including those arising from premises liability and inadequate security.

Our team knows how to build a strong case. We investigate by:

• Obtaining prior police reports and security logs for the property to establish foreseeability.
• Analyzing the security measures that were in place (or absent).
• Interviewing witnesses and former employees if necessary.
• Working with security experts to assess if the owner’s actions were reasonable.

We understand how to show that a property owner’s negligence contributed to our client’s harm. With recent news highlighting crackdowns on retail crime, like those announced by the Governor of California’s office, the foreseeability of such incidents is increasingly clear. If inadequate security caused your injuries, please Contact Us for a free, confidential consultation.

Conclusion

News of crime at shopping centers continues to be a concern. While property owners are not responsible for all criminal acts, they do have a legal duty to protect visitors from foreseeable dangers. When they fail to provide adequate security, and someone gets hurt, they can be held liable. If you were the victim of a crime at a shopping plaza, remember that you may have legal rights beyond the criminal case. Consulting with an experienced attorney can help you determine if a Shopping Center Negligent Security claim is the right path to securing the justice you deserve.