San Jose Neglegent Security Lawyer

Protecting Your Rights & Safety in San Jose

Property owners in San Jose have a legal obligation to take reasonable steps to protect visitors, residents, and customers from foreseeable criminal acts. When they fail to implement adequate security measures such as proper lighting, functioning locks, or competent security personnel, and someone gets hurt as a result, the property owner can be held legally responsible. This failure is known as negligent security, a specific area of premises liability law.

If you or a loved one was assaulted, robbed, or otherwise attacked on someone else’s property, you may feel overwhelmed and unsure of where to turn. At Needham Kepner & Fish LLP, our experienced personal injury attorneys understand the trauma you have endured. We are dedicated to holding negligent property owners accountable and fighting for the justice and financial compensation you need to recover. Our team has the resources and skills to investigate your case thoroughly and prove that a lack of proper San Jose property security directly led to your injuries.

You should not have to bear the financial and emotional burden of an attack that could have been prevented. 

Contact Needham Kepner & Fish today at (408) 716-1668 for a free, confidential consultation with a San Jose negligent security attorney.

What is Negligent Security in California?

Under California law, property owners and managers have a "duty of care" to maintain a reasonably safe environment for people who are legally on their premises. This duty includes protecting them from foreseeable harm, including criminal attacks by third parties. A negligent security claim arises when a property owner breaches this duty.

To win a negligent security case, we must prove that the crime was "foreseeable." This doesn't mean the owner had to know the exact crime was going to happen. Instead, foreseeability can be established by showing that the owner knew or should have known about a risk. Evidence of foreseeability can include:

• Prior similar incidents on or near the property.
• High crime rates in the surrounding neighborhood.
• The type of business being operated (e.g., a bar or nightclub).
• Poor lighting, broken gates, or other visible security flaws that would invite criminal activity.

When these warning signs exist, a property owner is expected to respond with appropriate security measures. Failure to do so is negligence.

Where Do Negligent Security Incidents Occur?

Negligent security can happen on any type of public or private property where safety measures are lacking. Our attorneys handle cases arising from incidents at various locations throughout San Jose and Santa Clara County, including:

Apartment Complexes & Housing

Landlords and property management companies have a duty to provide safe living conditions for their tenants. This includes securing common areas with working locks on entry gates, providing adequate lighting in hallways and parking areas, and ensuring windows are secure.

Parking Lots & Garages

Poorly lit, unmonitored parking lots and garages are common locations for assaults and robberies. Owners should ensure these areas are well-lit, have visible security cameras, and, in some cases, employ security patrols.

Hotels & Motels

Hotels owe a high duty of care to their guests. This includes ensuring that room locks are functional, access to the building is controlled, and staff is properly trained to handle security threats.

Bars, Nightclubs & Restaurants

Establishments that serve alcohol have a heightened responsibility to protect patrons from violence. This may require hiring trained security guards or bouncers, monitoring crowd size, and refusing to over-serve alcohol.

Shopping Malls & Retail Stores

Large commercial properties attract significant foot traffic and can become targets for crime. Owners are responsible for monitoring common areas, parking lots, and corridors to deter criminal behavior.

Proving a Negligent Security Claim in San Jose

Building a successful case requires a comprehensive investigation and compelling evidence. The legal team at Needham Kepner & Fish has the experience to handle every aspect of your claim. We work to establish the four key elements of negligence:

• Duty: The defendant (property owner) owed you a duty of care to provide a safe environment.
• Breach: The defendant breached this duty by failing to provide reasonable security measures.
• Causation: The breach of duty was a direct and substantial cause of your injuries.
• Damages: You suffered actual harm and losses as a result of the incident.

Our investigation often involves gathering police reports, interviewing witnesses, obtaining surveillance footage, and analyzing prior crime statistics for the property and the surrounding area. We frequently consult with security experts to provide testimony on what constitutes adequate San Jose property security for a specific type of property and how the defendant failed to meet that standard.

Examples of Inadequate Property Security

A property owner’s failure can manifest in many ways. Common examples of inadequate security that can lead to a valid claim include:

• Inadequate or non-existent lighting in parking lots, stairwells, or hallways.
• Broken locks on doors, windows, or security gates.
• Failure to install or monitor security cameras.
• Lack of trained security guards or patrols.
• Failure to perform background checks on employees.
• Not having a proper security plan in place for a known high-crime area.
• Absence of fences, gates, or other barriers to control property access.

Frequently Asked Questions

Can I sue if I was assaulted at a San Jose apartment complex?

Yes. If you can show that the landlord or property owner failed to provide reasonable security measures (like fixing a broken gate or providing adequate lighting) and that this failure contributed to your assault, you may have a valid claim.

How long do I have to file a negligent security lawsuit in California?

In California, the statute of limitations for personal injury cases, including negligent security, is generally two years from the date of the injury. It is critical to contact an attorney well before this deadline expires.

Who can be held responsible for negligent security?

Potentially liable parties can include property owners, landlords, property management companies, businesses, event promoters, and security companies. A thorough investigation will identify all responsible parties.

What is my negligent security case worth?

The value of your case depends on many factors, including the severity of your injuries, the cost of your medical treatment, lost income, and the extent of your pain and suffering. A negligent security lawyer in San Jose from our firm can evaluate your specific damages during a free consultation.

What if I can't afford a lawyer?

At Needham Kepner & Fish, we handle personal injury cases on a contingency fee basis. This means you pay no attorney's fees upfront. We only get paid if we successfully recover compensation for you through a settlement or verdict.

Contact Us Today for Support & Guidance

If you were the victim of a crime on someone else's property, you have rights. Let the dedicated legal team at Needham Kepner & Fish fight for you. 

Call us now at (408) 716-1668 to explore your legal options.