Gun shot wound caused by negligent security
Premises Liability
Negligent Security
Los Angeles Superior Court

On February 10, 2008, at approximately 5:30 a.m., an assailant gained entry to an apartment building through a security gate which was not locking properly and shot plaintiff in the head through his apartment unit door. The security gate, which serves as the only point of entry to the apartment building, was designed to keep assailants and other trespassers off site in an area which was known to be gang territory. The security gate had a history of repairs and there was a history of problems with the self locking mechanism not functioning properly.

On the date of the shooting, plaintiff alleged one could open the security gate without a key. In fact, the gate had not been locking properly from approximately November, 2007 through May, 2008. Plaintiff alleged defendants were liable for negligently repairing and aintaining the security gate’s self locking mechanism and allowing it to remain in a state of disrepair for a prolonged period of time. The assailant was never identified or apprehended.

Plaintiff survived despite a depressed fracture of the right occipitoparietal skull bone with hematoma and right temporofrontal and parietal lobe subarachnoid hemorrhage. Bullet fragments were present in the occipital regions and within the posterior skull. Plaintiff was taken by ambulance to the hospital with a neurogenic bowel and bladder and inability to move his left upper and left lower extremities. Two days later he underwent a craniotomy with debridement.

The surgeries were successful and after being hospitalized for approximately 5 weeks, his residual injuries included minor left sided hemiparesis and visual field damage. He later received a second surgery to remove a missile fragment from his head, which was done
outpatient. Total past medical bills were approximately $200,000.