Negligent Security at Apartment Complexes in California

While it might not cross your mind often, being injured at your apartment complex is quite common, especially when you think about the number of people you encounter on a daily basis. In places like California, where there’s a huge population all living together in certain areas, the need for adequate security is a must. Unfortunately, not every landlord or property manager takes this seriously, which can lead to incidents where you or a loved one are injured.

When negligent security leads to an injury, our team at Maison Law can help. We’ll explain your options and guide you through the recovery process. Contact us today for a free consultation to get started.

How is Liability Determined in Negligent Security Injuries at a California Apartment Complex?

Whenever there’s an injury in California, someone is responsible. However, when it happens at your apartment complex, the circumstances are very important when determining liability. Generally speaking, landlords or management companies have:

• A duty to you and other tenants to keep the area safe
  
  

They’re able to do this if they:

• Inspect the property regularly
• Fix any problems quickly
• Warn you and other tenants about known dangers
  
  

Still, when there’s inadequate security at an apartment, and an injury happens because of it, the following elements come into play:

• Foreseeability – Liability often hinges on whether the accident was foreseeable. If a history of criminal incidents exist in the area or the property is known to be in poor condition, it may be foreseeable, increasing your landlord’s responsibility.
  
  
• Negligence – To establish liability, you need to show that the landlord was negligent in providing security Negligence may include failure to implement reasonable security measures, like adequate lighting, surveillance, or access control.
  
  
• Proximate cause – The inadequate security measures must be a proximate cause of the injury or harm suffered by you or someone else.
  
  

While the landlord or property management company is going to be liable in the vast majority of incidents caused by negligent security at an apartment complex, there are certain other parties that could share some of the liability:

• Security companies – If the apartment complex has hired a security company, and the company fails to fulfill its duties or provides inadequate security services, they may be held liable.
  
  
• Maintenance contractors – Contractors responsible for maintaining security equipment, such as surveillance cameras or access control systems, may be liable if their negligence or inadequate maintenance contributes to security failures.
  
  
• Alarm system providers – If the apartment complex relies on alarm systems for security, the provider may be liable for inadequate installation, maintenance, or functionality of the alarm systems.
  
  
• Third parties – If the property outsources security services or equipment to third-party vendors, those vendors may be held liable if their products or services contribute to security lapses.
  
  
• Utility companies – In some cases, utility companies may be liable if their services or equipment contribute to inadequate security, such as power outages affecting lighting or surveillance systems.
  
  

So, a number of different parties can potentially be liable for negligent security incidents at your apartment complex. However, what’s important to remember is that even with the protection of the law in California, there’s still things you need to do if you’re injured.

Steps to Take After a Negligent Security Accident at a California Apartment Complex

In the context of a negligent security accident at an apartment complex, where legal implications may arise, it’s crucial to follow specific steps to protect your rights and build a potential claim: 

• Get medical help – Make sure to quickly seek medical attention. Even if your injuries seem minor at first, there could be hidden problems. Keep good records of all medical checkups, treatments, bills, and receipts.

• Report the incident – Let the local authorities know if necessary, and inform the property management or landlord right away. Ask for a (or make your own) report that explains the incident, where it happened, and what factors led to the security issue.

• Take pictures and videos of the scene – Use your phone or camera to capture the place where the incident occurred. Show any security problems or dangerous situations. Remember the date and time, and get contact details from any witnesses.

• Preserve any evidence – Hang on to anything that’s relevant to what happened, like damaged things or your clothes. These could be crucial as evidence to support your case about the security problem and can show your losses.
  
  
• Follow-up correspondence – After reporting the incident, send a follow-up letter to the property management or owner. Explain what happened, how it affected you, and why you’re worried about the security issue. Keep copies of all your messages.
  
  

Taking these steps can help make sure that your rights are protected and contribute to building a strong case in the event of a negligent security accident at your apartment. But in order to make sure your legal rights are fully taken care of, consider working with our team of lawyers.

Do You Need a Lawyer After a Negligent Security Accident in California?

While these incidents are unfortunate and can be quite damaging, there’s no law on the books in California that says you need to have a lawyer represent you in a claim against your landlord–or anyone else. That said, especially if you’re injured, you’re going to need some help. Our team of experienced negligent security lawyers can assist by:

• Collecting crucial evidence, such as medical records and accident reports, to build a strong case.

• Communicating with the insurance company of the store accountable for your injuries to negotiate a fair agreement and get the result you deserve.
  
  
  

Legal Process

Legally speaking, there are specific steps to take to address your injuries and losses. This typically involves identifying and taking legal action against all the responsible parties, whether it be the landlord or anyone else at-fault. From there, the process includes:

• Filing an insurance claim – This step involves formally notifying the relevant insurance company about the incident.
  
  

• Filing a personal injury lawsuit – If needed, we’ll put together a Complaint and file a personal injury lawsuit against the responsible party in civil court.
  
  

At Maison Law, our experienced team has a wealth of experience in these types of cases. We can support you in both of these options. That said, once your claim is filed, we take charge of communications and negotiations with the insurance company. They conduct their own investigation and may offer a settlement once it concludes. While the decision to accept the settlement is yours, pursuing a lawsuit may be necessary to obtain the full extent of your damages. While every situation is different, the general damages that are available in these types of cases include things like:

• Medical expenses and costs
• Property damage
• Pain and suffering
• Emotional distress
• Loss of enjoyment of life or companionship
• Punitive damages in specific cases
  
  

It’s crucial to understand that each negligent security case is unique, and the outcome depends on the circumstances of your fall and the strength of your claim. Patience is essential, as the process can be time-consuming and challenging. Further, you have to make sure to file your claim within California’s “statute of limitations” for injury claims, which is currently set at two years from the date of the accident. Missing this deadline means you won’t be able to file a claim and recover these all-important damages.

Can You Prevent Negligent Security Accidents at Your California Apartment Complex?

One of the reasons that a negligent security accident at your apartment complex is so damaging is because your home should be a safe place for you and your family. When there’s lax security, that gets taken away. However, while security is the main responsibility of your landlord, there are measures you yourself can take to either avoid or at least reduce the chances that a negligent security accident will happen:

• Secure your apartment – Make sure your doors and windows are locked securely. If needed, make them even stronger and tell maintenance if anything’s not right.
  
  

• Watch where you walk – Avoid dark areas, especially at night. If the lights are broken, let the people in charge know.
  
  

• Community – Be friends with your neighbors. Keep an eye out for each other and tell the people in charge or the police if you see anything strange.
  
  

• Join a safety group – If your apartment has a safety group, think about being a part of it. It’s about everyone working together to keep things safe.
  
  

• Keep your landlord informed – If you see cameras or doors not working, let the people in charge know so they can fix them.
  
  

• Have a plan – Learn about what to do in emergencies. Know how to tell if something’s wrong and who to call for help.
  
  

• Watch your doors – Don’t let doors stay open or let people you don’t know inside. If something’s wrong, tell the people in charge.
  
  

• Go to safety meetings – If there are meetings about safety, try to go. You’ll find out about what’s being done to keep things safe.
  
  

• Be careful in shared spaces – Watch out when you’re in shared places, especially when it’s not busy. If you see anything wrong, tell someone.
  
  

As with any accident, it’s impossible sometimes to prevent negligent security incidents from happening. Still, by staying vigilant and alert, you can be proactive in avoiding them. This, in turn, will make everyone safe. However, if an accident does happen, know that you have legal options and a team you can count on in Maison Law.