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.
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.
“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.
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:
Any one of these failures can contribute to an unsafe environment where patrons are left vulnerable.
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.
The moments after a crime are terrifying. However, if you can, taking these steps can help protect your health and your legal rights:
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:
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.
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.
Navigating the Process and Deadlines Under the FTCA When a federal employee or agency’s negligence injures someone, pursuing justice becomes…
Understanding a Motion to Dismiss and Seal a Criminal Record A motion to dismiss and seal a criminal record in…
The Future of Urban Mobility Takes Flight Los Angeles is on the edge of a transportation breakthrough as flying taxis…
Widespread Abuse in California Juvenile Facilities Over the last several years, disturbing accounts of sexual abuse, assault, and misconduct have…
In a landmark move, Governor Gavin Newsom recently signed a new bill into law. This bill dramatically reshapes the relationship…
The homelessness epidemic is the most visible crisis facing California cities. Encampments line sidewalks and parks, creating complex social and…