CALIFORNIA SEXUAL ABUSE ATTORNEYS
California Negligent Security Sexual Assault Lawyer
When a sexual assault happens at a hotel, apartment, garage, or nightclub, the property owner may be liable under California premises-liability law for failing
When a sexual assault happens at a hotel, apartment complex, parking structure, or nightclub, the property owner may be liable under California premises-liability law for failing to provide reasonable security. Compass Law Group helps survivors hold negligent property owners accountable — a claim separate from, and in addition to, any claim against the assailant.
This page is legal information, not legal advice. Every case is confidential and evaluated individually.
What is a negligent security claim?
California property owners have a duty to take reasonable steps to protect people on their premises from foreseeable harm, including criminal acts (Civil Code § 1714). When an owner ignores a known risk — prior assaults, broken locks, no lighting, absent security — and an assault results, the owner can be liable for negligent security.
Where do negligent security assaults happen?
These claims commonly arise at:
| Property | Typical security failure |
|---|---|
| Hotels & motels | Broken door locks, unmonitored access, no security staff |
| Apartment complexes | Broken gates/locks, poor lighting, ignored prior incidents |
| Parking garages | No lighting, cameras, or patrols in known-risk areas |
| Bars & nightclubs | Inadequate or untrained security; over-service |
| Campuses & dorms | Unsecured entries; ignored prior reports |
What must be proven?
A negligent security case generally requires showing the owner owed a duty, the assault was foreseeable (often from prior similar incidents), the owner failed to provide reasonable security, and that failure was a substantial factor in causing the harm. The assault itself can also support a sexual battery claim against the assailant, with deadlines under CCP § 340.16.
Talk to a California Sexual Abuse Attorney
Compass Law Group represents survivors across California on a confidential, no-fee-unless-we-win basis. Learn more on our sexual abuse lawyer page.
Frequently Asked Questions
Can I sue a hotel or apartment after being assaulted there?
Possibly. If the owner failed to provide reasonable security against a foreseeable assault, they may be liable under California premises-liability law.
What is ‘foreseeability’ in a negligent security case?
Foreseeability often turns on prior similar incidents at or near the property that should have prompted better security.
Is this separate from suing the attacker?
Yes. A negligent security claim against the property owner is separate from, and can be pursued alongside, a claim against the assailant.
How long do I have to file?
For adult survivors, generally the later of 10 years from the assault or 3 years from discovery under CCP § 340.16.
Joseph Shirazi — Managing Partner · California State Bar #265403
Joseph Shirazi is the Managing Partner of Compass Law Group, LLP, representing injury and abuse survivors throughout California. He leads the firm’s litigation practice and has recovered substantial results for clients in serious injury and sexual abuse cases.
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Legally reviewed by Simon Esfandi, Partner & Co-Founder (CA Bar #275307).
Disclaimer: This page provides general legal information about California law and is not legal advice. Reading it does not create an attorney-client relationship. Past results do not guarantee future outcomes.
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