Property owners aren’t superheroes who can save every visitor from danger. Still, the holders of government, public, and private land must deter crime on their premises. Even a simple security measure—a lock, a camera, a light—can keep guests out of harm’s way. Unfortunately, some property owners put profit over people, skimping out on safety for the sake of saving money.
If you are a victim of a preventable crime on someone’s property, you deserve to hold them financially liable. You might feel powerless in the aftermath. Take that power back with an NYC negligent security lawyer on your side.
Call the NYC premises liability attorneys at Hecht, Kleeger, & Damashek P.C. at 212-292-4339 for a free consult today.
Premises Liability
The Definition of Negligent Security
“Negligent security” is a type of premises liability case. It refers to a property owner failing to take reasonable safety measures, consequently allowing a crime to happen. Having adequate security won’t guarantee crime-free property, but it can deter criminals or allow help to intervene before things escalate.
Common Locations in Negligent Security Cases
Many locations in New York may lack reasonable security. However, “reasonable” might look different from place to place. Some areas require additional safety accommodations. Property owners should know how to protect their guests.
Some common locations in negligent security cases include:
- Parking lots and garages
- Subway stations and trains
- ATMs
- College campuses
- Hospitals
- Hotels
- Nightclubs
- Nursing homes
- Shopping centers and malls
- Sports stadiums
- Apartment complexes
Types of Crimes in Negligent Security Cases
Negligent security on a property can encourage crime and put guests in a vulnerable position. A criminal could take advantage of the opportunity to attack someone without barriers.
Common crimes that stem from inadequate safety measures include:
- Assault & Battery
- Robbery
- Murder
- Rape or sexual assault
Victims often sustain severe physical and emotional injuries from their attacks. The compassionate lawyers at HKD are here to listen and help you seek total compensation for every damage you face.
Who Is Liable for Inadequate Security?
When ti comes to claims of inadequate security resulting in injuries or harm, the legal concept of negligence applies. So you must prove four elements to recover compensation:
- You need to show that the property owner had a duty to exercise reasonable care in making the premises safe for others. In a negligent security claim, this duty typically attaches where the person or entity knew that there was a pattern of criminal activity at the property.
- It’s necessary to prove that the property owner breached this duty of care by not implementing appropriate security measures. Examples might be installing lighting and cameras, or hiring a security guard to patrol the premises.
- You must present evidence of a direct link between the owner’s failure to provide proper security and the criminal incident in which you were injured. For instance, you could establish this causation element by showing that lack of lighting allowed an assailant to lurk in the parking lot, and you were hurt in an attack.
- You’ll need to prove that you suffered physical, emotional, and financial losses as a result of your injuries.
Potential Parties in a Negligent Security Case
The term “property owner” is used loosely in the elements described above. Liability for failure to provide adequate security is actually much more extensive. To understand what individuals or entities may be responsible, you should first note the wide range of properties that are covered by premises liability laws. Serious injury from a lack of security can occur almost anywhere, such as:
- Stores and shopping centers;
- Restaurants, bars, and taverns;
- Office buildings;
- Hotels and motels;
- Apartment complexes;
- Theaters, museums, and other attractions;
- Parking garages; and,
- Many other locations.
As such, potential parties may include any party that has an interest in or control over these types of property. That means you could have a claim against the owner of the owner of the building or land where you were hurt. Plus, you could seek compensation from the operator of a business inside the building, or the entity that manages the property. Both landlords and tenants could also be responsible for negligent security. If you were hurt at an event, you may even have a claim against the promoter if you were injured because of criminal activity.
Of course, many of these parties usually have insurance coverage to protect their businesses or property. In such a situation, you would file a claim under the insurance policy instead of seeking monetary damages directly from the relevant party.
What Can I Do as a Victim of Negligent Security in NYC?
If you are a victim of a crime that happened on someone else’s property, you may be able to recover compensation for your damages. An NYC personal injury lawyer can increase your chances of obtaining a total and fair amount. Do not hesitate to contact our experienced negligent security lawyers in New York. The sooner you acquire legal representation, the faster we can build a case.
After negligent security causes you harm, you may file a claim or pursue a lawsuit. Both legal actions require the knowledge, attention, and skill that an HKD attorney provides.
Filing a Claim Against Negligent Security
You can file a negligent security claim against the property owner to receive compensation. For example, a victim could file a claim against their bank after being robbed at an ATM without cameras.
Your claim must prove negligence and show that safety measures could have prevented the crime. Additionally, you must verify that your injuries and damages resulted from this negligence. Your injury lawyer can assist you, ensuring your claim is error-free and encapsulates the full extent of your case.
↳ Proving Negligence
Negligence can be difficult to prove, but our attorneys understand what it takes to establish liability and secure compensation. Our lawyers can help prove that proper security—such as lighting, fences, or guards—would have made the difference.
You will have to establish that the crime was foreseeable. We can collect crucial evidence to argue that the offense was predictable. Evidence to show this might include crime statistics or police records that establish a pattern of similar criminal activity where you were attacked.
Property owners should anticipate danger, protect guests, and discourage crime. HKD can hold the negligent parties accountable and help bring you the justice you deserve. Our NYC negligent security lawyers have decades of experience and help all of our clients receive compensation and move forward with their lives.
↳ New York Statute of Limitations for Negligent Security Claims
In New York, you have three years after the date of a crime to file a negligent security claim. This is referred to as the statute of limitations.
It is essential to obey this time limit when filing a claim. Otherwise, your case could be thrown out. Don’t wait. Contact a NYC injury lawyer as soon as possible to secure your case quickly.
The Process of Filing a Lawsuit
As a victim, you may also pursue compensation with a lawsuit. You can sue the property owner, the perpetrator of the crime, and anyone else involved. The negligent accident attorneys at HKD can help ensure everyone who contributed to your damages, regardless of how much, will be held accountable. That way, you can get the maximum compensation you deserve to recover damages.
Damages in a New York Negligent Security Case
After an avoidable accident or crime, you are entitled to compensation for all damages you sustained due to the crime. These include tangible and intangible losses. Examples of damages in an NYC negligent security case may be medical payments, lost wages, pain and suffering, wrongful death, and more.
Your lawyer will help calculate the total amount of compensation you are entitled. We perform thorough investigations into every case for our clients to ensure no stone is left unturned. Our New York accident attorneys can gather input from specialists like medical experts to determine the impact of an injury on your life and the total value of your claim.
The attorneys at HKD want to bring you the highest compensation possible, as we have for many others.
Hecht Kleeger & Damashek, P.C. Can Help
A negligent security case in New York City can be challenging to prove. The lawyers at Hecht, Kleeger, & Damashek, P.C. are here to make the process easier and fight for the justice you deserve. It can be hard asking for help after experiencing danger or trauma. Our attorneys are compassionate and experienced. We know what goes into a successful case and want to supplement your recovery with our dedicated legal help.
Reach out to Hecht, Kleeger, & Damashek, P.C. today to discuss your negligent security experience. Call 212-292-4339 or use our online contact form for a free consultation.
CLIENT REVIEWS
09/09/2021
When I spoke to Mr.Noah Reiss he gave me valuable legal advice. Connected the dots who and why. He is a great asset to this firm. Will call him again as a friend. Thank you so much.
5
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08/11/2021
Ross Raggio, did an amazing job on my case. The office staff was responsive and very helpful to my questions and concerns. I had a very good experience. I highly recommend this firm.
5
patricia Carnevale, HKD CLIENT
06/22/2021
I had a great lawyer with a great Paralegal that made everything easy to understand.
5
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04/01/2021
I am extremely satisfied and pleased most of all grateful for the services of Jonathan and his team! It is such a relief to have a strong team supporting you through a process that’s stressful. Thank you again for everything.
5
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03/01/2021
Hetch,Kleeger & Damashek, P.C., is the law office I highly recommend. My attorney Judd Kleeger, accomplished to represent me, support my needs & secure my future after suffering a traumatic accident. Other lawyers couldn’t guarantee this to me but Judd…
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02/25/2021
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02/23/2021
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02/23/2021
I have referred numerous cases to Judd Kleeger and the team at HKD. I feel very confident when i refer a client that they will be treated with the highest regard. Each of my referrals has had very positive experiences…
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01/29/2021
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01/19/2021
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01/18/2021
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01/15/2021
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01/15/2021
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01/15/2021
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01/14/2021
Judd Kleeger is an exceptional attorney who makes sure to get the best possible outcome for his client. He is always available, and is knowledgeable, prepared and dedicated to his clients. He is not afraid to go to trial and…
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01/14/2021
Mr. Judd Kleeger and his team at Hecht, Kleeger & Damashek are great! They always provide very thoughtful and caring advice. Mr. Kleeger is extremely professional and very easy to work with.
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01/06/2021
We quickly had to get legal counsel and we contacted Jordan Hecht. The rapport and guidance was outstanding at all times, prompt, timely and open for calls and updates. I can’t thank Jordan enough for his care, work and expertise….
5
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12/29/2020
Had a great experience with attorney Ross Raggio. He was professional and attentive every step of the way – would highly recommend.
5
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12/28/2020
Mr. Ross Raggio and his team at Hecht, Kleeger & Damashek, P.C., provided excellent legal services. His team and him were absolutely great, always returning calls or emails when we had questions about the case. Always very cordial, caring and…
5
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12/11/2020
My wife and i are very grateful to Mr. Jordan Hecht for his sincere compassion and legal assistance during one of the most challenging time in our lives. He was extremely professional and answered all of our concerns. Mr. Hecht…
5
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12/10/2020
Very professional and very responsive. I would highly recommend this firm to anyone in need of an attorney. The attorney Ross Raggio, who was personally assigned to my case consistently followed through and was able to bring the case to…
5
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12/08/2020
Mr. Ross Raggio went above and beyond to settle my case during the height of the pandemic, a time when my options appeared limited and the likelihood of a satisfactory resolution seemed slim. He was responsive and professional, and was…
5
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12/07/2020
I was a sole practitioner specializing in personal injury law in NYC for more than 36 years. When I decided to retire, I had to make several critical decisions before terminating my practice. To whom should I refer my clients…
5
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12/07/2020
Ross was always available and working with my best interests, also very thorough with any questions I had along the case. Will recommend to others!
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12/04/2020
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12/03/2020
The HKD law firm is highly professional, responsive and caring. They were willing to handle my case when other firms declined. Not only did we win our case, but received a huge settlement.
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12/03/2020
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12/02/2020
I have had the pleasure to work alongside Ross Raggio on several matters. He is an extremely talented attorney with an exceptional understanding of the law. I would recommend him and HK&D to anyone looking for a personal injury attorney.
5
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12/02/2020
I came to know the firm through my relationship with one of the partners, Jordan Hecht. Jordan and I became close friends in law school. I have since referred several cases to Jordan and his firm ranging from a mesothelioma…
5
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12/02/2020
From the moment that I contacted this Law firm and got assigned Mr. Ross. They have been nothing but helpful, Especially Mr. Ross. In the time that Mr. Ross took my case, it took him 3 months to a get…
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01/21/2020
I cannot speak highly enough about this firm. The situation that necessitated my need for legal representation was very stressful on me and my family and the lawyers here were with me every step of the way. I could always…
5
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07/05/2015
I retained Hecht, Kleeger & Damashek for a serious personal injury case. They were very professional and managed to obtain a settlement for me that far exceeded my expectations. I would strongly recommend this firm for anyone’s legal needs.
5
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07/05/2015
After meeting a half dozen lawyers at different firms, I decided to go to Hecht, Kleeger and Damashek. As soon as I met Jon Damashek, I knew I had to look no further. Mr. Damashek made me feel at ease…
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07/05/2015
After meeting with Jon Damashek I knew immediately he was the right attorney for me. I had met with other attorneys in the past, but Jon’s experience, knowledge, and track record were most impressive. I highly recommend Jon Damashek and…
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07/05/2015
I know all three named partners at this firm and highly recommend them. They are very professional and tireless advocates for their clients. If you need a personal injury attorney, you cannot do better than Hecht, Kleeger & Damashek.
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07/05/2015
I have worked with countless attorneys over the years and Jon Damashek stands out among them. I have seen first hand him advocate for his clients vigorously. He fights for the rights of the seriously injured, does not back down…
5
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07/05/2015
I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise and knowledge of the law and more importantly his ability…
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07/05/2015
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06/05/2019
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05/01/2015
“I had the opportunity to work with Jon Damashek and had an amazing experience. I have known Jon for many years and always felt very comfortable relying on his expertise, knowledge of the law, and more importantly – his ability…
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05/01/2015
“I cannot recommend Jon Damashek highly enough. I attribute the favorable outcome of my case to his consummate and tireless dedication and tenacity. Just as important, he was truly there with me every step of the way. He was very…
5
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