Saelzler v. Advanced Group

In Saelzler v. Advanced Group 400 (2001) 25 Cal.4th 763, the plaintiff was an employee of Federal Express and attempting to deliver a package to a resident in a 28-building apartment complex owned by defendants when she was assaulted and severely beaten by three unidentified men. The complex was located in a high crime area and there had been frequent recurring criminal activity on the premises. At the time of the attack, a security gate at the complex was broken, but plaintiff presented no evidence establishing whether the gate was malfunctioning or was broken by the attackers themselves, or whether her assailants entered the property through this gate or by some other means, whether the attackers were tenants of the building with access to the property. The defendant obtained summary judgment on the basis that the plaintiff could not establish a causal link between her injury and the defendant's failure to maintain the premises in a safe condition. The Court of Appeal reversed, but the California Supreme Court reversed the Court of Appeal. ( Saelzler, supra, 25 Cal.4th at pp. 769-771.) Assuming for purposes of discussion that the defendants breached a duty to keep all entrance gates locked and to provide additional daytime security guards, the court concluded that the evidence nevertheless failed to show that the breach contributed to the plaintiff's injuries. ( Id. at p. 775.)