Can I sue for being shot or stabbed in California?
Often, yes. California property owners owe a duty to take reasonable steps to protect people on their premises from foreseeable crime. When a business or landlord ignores a known danger and someone is shot or stabbed as a result, California law can hold the owner financially responsible — through a negligent-security claim. You are not suing for the crime itself; you are suing the property owner for the security failures that made a foreseeable attack possible. This is separate from any criminal case against the attacker.
How California decides if a crime was “foreseeable”
California uses a sliding-scale balancing test based on Rowland v. Christian. The more burdensome the security measure (such as hiring guards), the more ‘heightened’ the foreseeability the law requires — usually shown by prior similar incidents or other strong indications of risk (Ann M. v. Pacific Plaza; Delgado v. Trax Bar & Grill; Castaneda v. Olsher). Lower-burden measures can be required on a lesser showing.
Deadlines in California
- Negligence / personal injury: generally two years from the date of the incident from the date of the incident.
- Wrongful death: generally two years from the date of death.
If a government entity is involved, California requires an administrative claim within six months — so it is important to act quickly. Evidence like surveillance footage disappears fast, so it’s important to act quickly.
Fault sharing in California
California follows pure comparative negligence: your compensation is reduced by your percentage of fault, but you are never completely barred from recovering — even if you were found mostly at fault.
What you can recover
California does not cap compensatory damages in negligent-security cases (the MICRA cap applies only to medical malpractice). For families, a wrongful-death claim can recover funeral costs and the loss of support and companionship.
Why California victims choose The Haggard Law Firm
The firm has handled nearly 500 negligent-security cases nationwide and secured the largest negligent-security verdict in U.S. history ($102.7 million). We help California crime victims and their families with no fee unless we win.
Negligent security in California cities
We handle California negligent-security cases statewide. If your case happened in one of these cities, start here:
How we handle a California case — working with local counsel
The Haggard Law Firm is based in Coral Gables, Florida, and Michael A. Haggard is licensed to practice law in Florida. Mr. Haggard is not licensed in California. Negligent security and crime-victim litigation is the firm’s core focus, and because of the national reputation the firm has built in this specific area, Mr. Haggard regularly works on California cases as co-counsel with a locally licensed California attorney, seeking admission pro hac vice (for the individual case) where the court’s rules permit. Any California matter would be handled together with local counsel admitted in California.
If you were shot, stabbed, or lost a loved one to a preventable crime in California, you can still reach out to us directly. We will review your case for free and, where appropriate, associate with a qualified California attorney to pursue it.
This page is attorney advertising and general information only; it is not legal advice and does not create an attorney-client relationship. Michael A. Haggard is licensed in Florida. Prior results do not guarantee a similar outcome.
Frequently asked questions
Can I sue for being shot in California?
Often, yes. If you were shot on a California property that failed to provide reasonable security against a foreseeable risk, you may be able to sue the property owner for negligent security — separately from any criminal case against the shooter. California balances the burden of a security measure against how foreseeable the crime was; costly measures like guards generally require 'heightened' foreseeability, often shown by prior similar incidents. A free case review will tell you whether you have a claim.
Can I sue if I was stabbed on someone's property in California?
Possibly. A stabbing on a California property with inadequate security is handled the same way as a shooting — if the attack was foreseeable and the owner failed to provide reasonable security, the owner may be liable. The claim is against the property owner, not only the attacker.
How long do I have to file a negligent-security claim in California?
Generally two years from the date of the incident from the date of the incident for a negligence claim, and two years from the date of death for wrongful death. If a government entity is involved, California requires an administrative claim within six months — so it is important to act quickly. Confirm your specific deadline with a lawyer quickly.
Is Michael Haggard licensed to practice in California?
Mr. Haggard is licensed in Florida, not in California. Because negligent-security litigation is his firm's core focus and the firm has a national profile in these cases, he regularly serves as co-counsel with a locally licensed California attorney and, where the court permits, appears pro hac vice for the individual case. You can contact the firm directly, and where appropriate it will associate with qualified local counsel in California.
How does California decide if a property owner is liable?
California balances the burden of a security measure against how foreseeable the crime was; costly measures like guards generally require 'heightened' foreseeability, often shown by prior similar incidents. If the crime was foreseeable and the owner failed to provide reasonable security, they can be held responsible.
What does it cost to hire the firm?
Nothing up front. We work on contingency — no attorney's fees unless we recover compensation for you.