If a customer is assaulted in a poorly lit parking garage with no security patrols in California, they may have a valid personal injury claim for negligent security, a type of premises liability. The focus in these cases is whether the property owner failed to take reasonable steps to protect visitors from foreseeable criminal acts.
🔹 Legal Theory: Negligent Security (Premises Liability)
Under California law, property owners and operators (such as shopping centers, malls, or garage operators) owe a duty of care to maintain their premises in a reasonably safe condition, including protection against foreseeable criminal activity.
A failure to provide:
- Adequate lighting, and/or
- Security patrols or surveillance
in areas where crimes are foreseeable (like isolated parking garages) may constitute negligence.
🔹 Elements of a Negligent Security Claim in California
To succeed, the injured customer (plaintiff) must prove:
1. Duty of Care
The property owner had a duty to maintain a safe environment for lawful visitors.
2. Breach of Duty
This duty may be breached if:
- The garage was poorly lit,
- There were no security patrols, cameras, or emergency call systems,
- There was a history of prior assaults or crimes and no action was taken.
3. Causation
The lack of lighting and security enabled the assault to occur or failed to deter it.
4. Damages
The victim suffered physical or psychological injury, along with other losses (medical bills, lost wages, pain and suffering).
🔹 Evidence That Can Strengthen the Case
- Police report and medical records documenting the assault.
- Photos or videos of the area showing poor lighting or lack of surveillance.
- Witness statements.
- Crime statistics or prior incident reports showing a pattern of violence or assaults in that area.
- Maintenance or security logs (to show lack of patrols or broken lights).
🔹 Who Might Be Liable
- Mall or shopping center owner
- Parking garage operator or property manager
- Security company (if they were hired and failed to perform duties)
- Commercial tenants (in some cases, if they had control over the area)
🔹 Possible Defenses Property Owners Might Raise
- The attack was unforeseeable or random.
- They had reasonable security measures in place for the level of risk.
- The injured party ignored posted warnings or was in a restricted area.
🔹 Damages You Can Recover
- Medical expenses
- Psychological counseling
- Lost wages or future earnings
- Pain and suffering
- Punitive damages (if the property owner’s conduct was especially reckless)
🔹 Statute of Limitations
- In California, you typically have 2 years from the date of the incident to file a personal injury lawsuit.
- If the property is owned by a government entity, you must file a government claim within 6 months.
✅ What the Victim Should Do Immediately
- Call the police and get a copy of the police report.
- Seek medical care, even if injuries seem minor.
- Take photos of the area (lighting conditions, signs, surveillance cameras or lack thereof).
- Report the incident to the mall or garage operator.
- Contact a personal injury attorney.
Law Offices of James R. Dickinson – 909-848-8448
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