Assaulted or robbed at a mall in California: negligent security claims
Being assaulted, robbed, or caught up in violence at a shopping center is frightening, and the person who committed the crime may never be found or may have no money to pay for the harm. In some situations, the property owner, mall management, or a security company may also be responsible if inadequate security played a role. These are often called negligent security claims.
What a negligent security claim is
Property owners and businesses in California generally must use reasonable care to keep their premises reasonably safe for visitors. That duty can include taking reasonable steps to protect against crimes by third parties, but only in some circumstances. A mall is not automatically responsible because a crime happened on its property.
Foreseeability is usually the key question
California courts generally ask whether the type of crime was reasonably foreseeable and what precautions would have been reasonable given that risk. In Ann M. v. Pacific Plaza Shopping Center (1993), the California Supreme Court held that a shopping center did not have to provide security guards unless there was a high degree of foreseeability, usually shown by prior similar incidents on the property. Less costly measures, such as better lighting, working locks, or repairs, may be required with a lower showing of foreseeability. Courts have also recognized that when a business’s staff see a dangerous situation unfolding, the business may have a duty to take reasonable, minimally burdensome steps in response.
Situations that may raise questions about security
- Repeated prior robberies, assaults, or car break-ins in the same area that the owner knew about
- Broken or dark lighting in parking structures, stairwells, or walkways
- Security patrols that were promised, scheduled, or advertised but did not happen
- Broken gates, doors, locks, or cameras that were not repaired
- Security or staff who saw a fight or threat developing and did nothing, including not calling police
- Overcrowded events or promotions without reasonable crowd control
Who may be responsible
Depending on the facts, potentially responsible parties may include the person who committed the crime, the mall owner, the property management company, a private security contractor, a tenant business where the incident happened, or the operator of a parking structure. If the property is owned or operated by a public entity, special government claim rules apply.
Evidence to gather
- Get medical care and keep all records, including counseling or therapy.
- Report the crime to police and get the report number.
- Report it to mall security and ask for the incident report number and the names of the guards or staff involved.
- Ask in writing that surveillance video be preserved. Many systems overwrite footage within days or weeks.
- Photograph the location, including lighting, broken gates or locks, missing cameras, and signs about security.
- Write down what happened while it is fresh, including how long the incident lasted and whether anyone tried to help.
- Collect witness names and phone numbers.
Records of prior incidents, security staffing, and maintenance are often held by the mall or its security company and may need to be requested formally.
Help from the California Victim Compensation Board
Separately from any civil claim, victims of violent crime in California may be eligible for help from the California Victim Compensation Board (CalVCB) with certain costs, such as medical bills, mental health treatment, and lost income. Eligibility rules apply, and reporting the crime to police and cooperating with law enforcement is generally required. Your local victim witness assistance center can help you apply.
Deadlines
Most California personal injury claims must be filed within two years, and claims against a public entity generally require a written government claim within six months. See our California statute of limitations guide. If you were hurt in a parking area, see also injured in a mall parking lot or parking structure.
Have questions about your situation? An attorney can review the facts with you for free and with no obligation.
General information only, not legal advice. Every situation is different, and no particular outcome is guaranteed.
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