Legal Question in Personal Injury in California
My son was killed at a mini mall, there was a camera visible but it didn't work. This camera would have given a clear description of who shot my son. Do I have a case against the owners of the mini mall?
4 Answers from Attorneys
I don't think a mini mall has any legal duty to provide anyone functioning cameras.
If the owners of the mini mall knew of the propensity for violence and, in fact, there had been similar attacks in the past, they might have had an obligation to provide a security guard at night. They wouldn't have liability for not having a working video camera.
I'm so sorry for your loss. But I'm afraid the answer to your question is most likely no.
As Mr. Cohen notes, there are circumstances in which a business might have to provide security. The security would be required in order to reduce the risk of crime, not to collect evidence of crimes which occur.
Security cameras are a deterrent because some criminals will fear that the tapes will help police catch them. Since it's usually not possible for an observer to tell whether a given camera is working, even a non-functioning camera can deter crime effectively. Some businesses install "dummy" cameras for this purpose instead of, or along with, real ones. I am not aware of any case or statute that says a business must actually make a video record of what happens on its premises.
These cases against owners of business establishments are tough. Unless, a full investigation is conducted and prior similar occurrences are documented. If the notice is established then you have a chance. Let me know if I can help.