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Irvine negligent security lawyerDid the owner know? We find out.

If you were attacked at an Irvine apartment, hotel, bar, parking lot or store, the owner or landlord may be responsible when it could reasonably anticipate the crime and did not take reasonable steps against it. No fee unless we recover. If there is no recovery, you owe no fee and no case costs.

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Josh Kohanim, Esq.Written and reviewed by Josh Kohanim, Esq., California Bar No. 328609 · Reviewed

Local differences in Irvine

This page is for someone hurt in an attack at an Irvine apartment, hotel, bar, parking structure or store. Irvine is in Orange County, so the courthouse and victim services below are county offices. Local details were checked on each agency's website on November 11, 2026, and the courthouse on November 9, 2026. Our negligent security lawyer page covers these claims statewide.

Duty to protect against crime

California's jury instruction on crime on property, CACI No. 1005 (2026 edition), says that a landlord or the owner of a business open to the public "must use reasonable care to protect" tenants, guests or patrons "from another person's criminal conduct on" the property "if the [owner/landlord] can reasonably anticipate that conduct." Whether that duty exists is decided by the judge; whether the steps the owner took were "adequate and reasonable under the circumstances" is decided by the jury.

Two questions usually decide the case: what the owner or manager knew before the attack, and which reasonable step it skipped. Injuries from unsafe conditions, such as a broken stair, are covered on our premises liability lawyer page.

Apartment tenants and written reports

The strongest cases usually involve written reports to the landlord or manager about threats or violence by a specific person, and no meaningful response. Complaints about noise or suspected drug activity, without threats or violence, are weaker evidence that violence was foreseeable. The two leading cases are Castaneda v. Olsher (2007) 41 Cal.4th 1205 and Madhani v. Cooper (2003) 106 Cal.App.4th 412.

In Madhani, a tenant asked the managers for help at least six times about a neighbor who shoved and berated her, and the Court of Appeal left it to a jury whether a camera, eviction or another step could have prevented her injuries. Our guide to being attacked by another tenant explains both cases.

Locks and lock changes

California requires a residential landlord to install and maintain an operable dead bolt on each main entry door, working locks on windows designed to be opened, and code-compliant locks on exterior doors to common areas in multifamily buildings (Civil Code section 1941.3). The landlord is liable under that section only if it does not fix a broken lock within a reasonable time after notice, and a violation does not "broaden, limit, or otherwise affect" its duty of care. A broken lock is evidence, not automatic liability.

A tenant who gives the landlord a protective order or police report about someone who does not live in the unit can ask in writing for new locks, and the landlord must change them within 24 hours, at its own expense (Civil Code section 1941.5).

Businesses open to the public

The same rule covers Irvine businesses open to the public, and California courts have a leading case for each setting below.

Settings outside the home and the leading California cases
SettingWhat the court saidRecords that often matter
Hotels and motelsAn innkeeper owes a duty to protect its guests (O'Hara v. Western Seven Trees Corp. (1977) 75 Cal.App.3d 798). The duty is reasonable care, not a guarantee.Key card and lock records, and prior incidents at that hotel
Bars and nightclubsWith notice of an impending assault, a bar must take "reasonable, relatively simple, and minimally burdensome steps" to try to avert it (Delgado v. Trax Bar & Grill (2005) 36 Cal.4th 224).Video, what security staff saw, and prior fights there
Parking lots and garagesUnderground garages are not so inherently dangerous that guards are required without prior similar incidents (Sharon P. v. Arman, Ltd. (1999) 21 Cal.4th 1181).The garage's own incident history, lighting and cameras
Stores and shopping centersGuards are rarely required without prior similar violent crime on the property (Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666), but a business generally must call 911 or take similar minimal steps when its staff see an attack (Morris v. De La Torre (2005) 36 Cal.4th 260).Incident reports, video and the security contract

Our guide to hotel and motel assaults explains how a hotel's owner, operator and brand can each be responsible.

Irvine hotel worker ordinance

Irvine's Hotel Worker Protection Ordinance matters to a guest's case for one reason: the records it makes a hotel keep. The City Council adopted Ordinance No. 22-13 on November 22, 2022, adding section 3-6-102 to the Irvine Municipal Code. As adopted, it requires a hotel to give a panic button or similar device to each worker assigned alone to a guest room or restroom, and to "retain records of incidents where the personal security devices were activated for a period of three years from the incident." After an assault at an Irvine hotel, our preservation letter asks for those activation records.

The ordinance protects hotel workers. It gives guests no rights of their own and does not show that a hotel was careless toward a guest. As of November 11, 2026, the City still posts a waiver application under it.

Irvine police reports

The Irvine Police Department lets a victim or named witness, a victim's authorized representative, or a person who suffered bodily injury or property damage in the incident request a copy of a report, according to its records page, checked November 11, 2026. A request is made online or in person at the Business Desk, 1 Civic Center Plaza, Irvine. The page lists the fee as "$10.00 + 2.4% convenience fee (fee waived for victims)" and says "Fees are waived for victims listed on police reports." Full crime reports are released only with a detective's approval, and that review "may take up to 10 days." An attorney can request a report online by uploading a representation letter and the client's authorization. The records line is (949) 724-7062.

Victims' rights to police records

California law gives a crime victim, or the victim's authorized representative, the witness names and statements in the police report for listed crimes, unless that would endanger a person or the investigation (Government Code section 7923.605). Anyone may ask a police agency for the time, substance and location of calls for help and its response (Government Code section 7923.615).

For domestic violence, the Irvine Police Department's records page says only the face page of the report is released to the victim. A victim of domestic violence, sexual assault or stalking can cite Family Code section 6228 in the request. That section provides one free copy of the report, related photographs and any 911 recording, and lets the victim's attorney ask. A city department may destroy telephone and radio recordings after 100 days (Government Code section 34090.6), so we ask for 911 audio early.

Code enforcement complaints

In Irvine, health or safety violations in a building go to the City's Code Enforcement Division. Its code enforcement page, checked November 11, 2026, says "With PRISM, you can report code enforcement concerns 24/7 from any device," and lists the Code Enforcement Hotline at 949-724-6326. For a broken entry lock, gate or common-area light, we suggest a written report to the manager, with a copy kept, and a City complaint if it is not fixed. Each is a dated record of what was reported. A lease clause that limits a tenant's right to call the police as a victim of crime is void (Civil Code section 1946.8).

Renter protections and eviction

The City of Irvine's renter resources page, checked November 11, 2026, points renters with questions about rent increases, repairs or evictions to the state Tenant Protection Act of 2019 (AB 1482) and to fair housing agencies. That act, in Civil Code section 1946.2, lists "Criminal activity by the tenant on the residential real property, including any common areas" as an at-fault just cause for ending a tenancy, so that law does not stop a landlord from acting against a tenant who commits crimes on the property. Whether a landlord was required to act is a separate question. In Castaneda v. Olsher, the Supreme Court said courts have recognized a duty to evict a dangerous tenant "only in cases where the tenant's behavior made violence toward neighbors or others on the premises highly foreseeable."

Records the owner should keep

Private camera systems keep footage only as long as their settings allow, and no California law makes a private owner keep it, so a written preservation letter goes out first. It asks the owner, the manager and any security company to keep:

  • Video from every camera on the property, before and after the attack.
  • Gate, fob, key card and intercom logs.
  • Complaints, emails, texts and portal messages about the attacker or about safety.
  • Work orders for doors, gates, locks and lighting.
  • Incident reports, guard post orders and patrol logs.
  • At an Irvine hotel, the panic button activation records it must keep for three years.

Our negligent security evidence checklist lists each record and who holds it in Orange County. We send these letters; a person who was attacked should not contact the owner or the attacker to gather evidence. Our guide on how to prove a negligent security case explains which records carry the most weight.

Victim services in Orange County

Free help after a crime in Irvine comes from Orange County services separate from Wise Law. The Orange County District Attorney's victim services page lists Waymakers as the county's Victim/Witness Assistance Program. Waymakers runs victim assistance centers at the Central, Harbor, North and West Justice Centers, including one at the Central Justice Center in Santa Ana, 714-834-4350. The Orange County Family Justice Center, (714) 765-1645, assists survivors of domestic violence, sexual assault and elder or dependent adult abuse. The California Victim Compensation Board (CalVCB) accepts applications within seven years of the crime, and later in some cases. It is a payor of last resort, so money later recovered in a civil case may have to be repaid. Checked November 11, 2026.

Orange County courthouse

An Irvine injury case is filed in Orange County Superior Court at the Central Justice Center, 700 Civic Center Drive West, Santa Ana. The court's Central Justice Center page lists "All Orange County cities for Limited Civil, Unlimited Civil, and Small Claims." Complex civil cases go to the Civil Complex Center, 751 West Santa Ana Blvd., Santa Ana. Both court pages were checked November 9, 2026. If a lawsuit is needed, we file it; you do not have to go to the courthouse to start the case.

Filing deadlines

Most California injury lawsuits must be filed within two years of the injury (Code of Civil Procedure section 335.1). Some claims have more time. If a city, a county, the State, a school district, a transit agency or another public entity may be responsible, a written claim must first be presented to that entity within six months after the claim accrues (Government Code section 911.2). The lawsuit against the entity then has its own deadline: six months after a written rejection notice is delivered or mailed, or two years from the date the claim accrued if no written notice is given (Government Code section 945.6). The dates in any one case should be calculated by a lawyer.

Our guide to negligent security deadlines explains which claims have more time, and our deadline calculator gives a first estimate.

Responsible companies and insurance

When someone is attacked on property in California, the people who may be responsible include the property owner, the property management company, the security company and any business that controlled the area. Each may have its own liability insurance. California requires every licensed private patrol operator to keep commercial general liability insurance of at least $1,000,000 for any one loss or occurrence (Business and Professions Code section 7583.40). Whether a policy pays for a particular attack depends on its terms, so the policies must be obtained and read.

Our guide to insurance and who pays explains policy exclusions and how fault is shared with the attacker.

City crime data

The Irvine Police Department reported 251 violent crimes (homicide, rape, robbery and aggravated assault) in Irvine for 2025 to the California Department of Justice (OpenJustice, Crimes and Clearances, 2025 data released July 1, 2026). A city-wide count includes crimes in private homes and says nothing about any one building or business. For a costly measure such as guards, the proof that matters is prior similar incidents at the property itself (Ann M. v. Pacific Plaza Shopping Center (1993) 6 Cal.4th 666).

After you call

We start by sending preservation letters, requesting the police report and the 911 audio, and finding out who owned, managed and guarded the property. You do not have to write down what happened to reach us, and we talk by phone or video, in English or Spanish. Our Irvine personal injury lawyer page covers other injuries in the city.

Sources cited

Questions about negligent security in Irvine

How do I get an Irvine police report after an assault?
Request it from the Irvine Police Department online or at its Business Desk, 1 Civic Center Plaza. Its records page lists a fee of $10.00 plus a 2.4% convenience fee, waived for victims listed on the report. Full crime reports need a detective's approval, and that review can take up to 10 days. A victim of domestic violence, sexual assault or stalking can cite Family Code section 6228 for a free copy.
Does Irvine's hotel panic button law help an injured guest?
Not directly. Irvine's Hotel Worker Protection Ordinance, Ordinance No. 22-13, protects hotel workers and gives guests no rights of their own. It does require a hotel to keep records of panic button activations for three years from each incident. After an assault at an Irvine hotel, a preservation letter can ask the hotel to keep those records along with its video and key card logs.
Where does an Irvine tenant report a broken gate or lock?
First to the manager or landlord, in writing, with a copy kept. California requires landlords to install and maintain working dead bolts, window locks and common-entry locks (Civil Code section 1941.3). If the problem is not fixed, the City of Irvine's Code Enforcement Division takes complaints through its PRISM portal at any hour or at 949-724-6326. Both records show what was reported and when.
Where would an Irvine negligent security case be filed?
In Orange County Superior Court at the Central Justice Center, 700 Civic Center Drive West, Santa Ana, which hears limited civil, unlimited civil and small claims cases from every Orange County city. Complex civil cases go to the Civil Complex Center, 751 West Santa Ana Blvd. Most injury lawsuits must be filed within two years of the injury, and some claims have more time.
Can an Irvine landlord evict a tenant who commits crimes on the property?
Often, yes. California's Tenant Protection Act, which the City of Irvine's renter page points to, lists criminal activity by the tenant on the property, including common areas, as an at-fault just cause (Civil Code section 1946.2). Whether a landlord had to act is a separate question. Castaneda v. Olsher says that duty arises when the tenant's violence toward others on the premises is highly foreseeable.
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