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.
“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. They have a duty of care to provide safe spaces.
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
Common Examples of Negligent Security in NYC
There can be multiple instances of negligent security. Some of the most common include:
Insufficient lighting
Lack of security cameras
Faulty lacks
Broken security systems
No security personnel
Poorly trained staff
Neglected maintenance of property
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 in NYC?
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.
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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.
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 212-490-5700 or use our online contact form for a free consultation.
