Can I Sue for Being Shot or Stabbed in Oakland?

Can I sue for being shot or stabbed in Oakland?

Often, yes. If you were shot or stabbed on a Oakland property — an apartment complex, bar or nightclub, parking garage, store, hotel, or transit stop — and the owner failed to provide the reasonable security a foreseeable risk called for, California law may let you hold that 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.

Oakland negligent-security law — the short version

Oakland cases are governed by California law. 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 negligent-security lawsuit here is generally filed in the Alameda County Superior Court (Alameda County). For the full California standard — deadlines, how fault is shared, and what you can recover — see our California negligent security page.

Public safety in Oakland

Oakland has recorded two straight years of sharp declines in violent crime, with homicides and shootings down significantly in 2024 and 2025 under the city’s Ceasefire strategy. Even with that progress, Oakland’s per-capita violent-crime rate has historically run above state and national averages — and whether you have a negligent-security claim depends on the documented history of prior incidents at the particular property, not on the citywide rate.

Where these cases happen in Oakland

In Oakland, these claims commonly arise in the downtown core, the Uptown theater-and-bar district, Jack London Square, and the Chinatown commercial corridor, as well as around BART stations. The property types most often involved are apartment complexes, bars, nightclubs and lounges, parking lots and structures, gas stations and convenience stores, and retail.

Good to know in Oakland

An Oakland negligent-security lawsuit is filed in the Alameda County Superior Court’s civil division at the René C. Davidson Courthouse in downtown Oakland.

Deadlines for a Oakland case

• 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. Surveillance footage and other evidence disappear quickly, so it is important to act fast.

Why Oakland 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 Oakland crime victims and their families with no fee unless we win.

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.