We can’t always predict when crimes will happen, but plenty of property owners can predict based on their past personal and professional experience. Any property owner who was aware of the threats to their visitors’ and tenants’ safety, yet failed to protect them, can and should be held liable for the costs of any injuries they allowed to happen.
New York’s premises liability laws also apply to those who neglect their duty to provide adequate security to those who live in, work at, or come to visit their property. This encompasses businesses of all types, including:
- Retail stores
- Banks, including ATM kiosks
- Night clubs
- Parking lots/decks
- Amusement parks
- Nursing homes
- Apartment buildings.
If you have been hurt on a commercial or residential business property and you think poor security practices are to blame, you can discuss your options for pursuing compensation with the help of an attorney experienced in New York negligent security cases. TonaLaw has successfully represented many clients injured as a result of lax security or dangerous practices, and we want to help you, too.
Discuss your available legal options for filing a negligent security claim during a free, confidential call with one of our experienced premises liability attorneys. Call 1-833-TONALAW or contact us online to schedule your free case review now.
Common Examples of Negligent Security and Related Injuries
Negligent security claims are based upon the legal theory that a property owner — or the party they entrusted to manage the property — failed in their duty to protect visitors and tenants from harm.
One type of failure involves a lack of adequate security devices and infrastructure. Parking lots and stairwells that have poor lighting can result in trip-and-fall accidents while giving violent criminals convenient places to hide. Broken locks, malfunctioning security gates, or a lack of proper fencing can likewise create a situation where an intruder is allowed to enter a property because of the owner’s negligence.
Failure to provide adequate security can involve areas where security personnel does not patrol or where patrols are too sparse to deter criminal behaviors. Negligent security claims can also involve poor hiring and training practices for security personnel. If an apartment complex hires security personnel who have a history of theft and violent crime and that person lets accomplices onto a property, then the business owner who hired them could be found negligent. Or, if a bouncer at a nightclub lacks training and throws an innocent bystander on the street with their attacker, then a resulting fight could be blamed on negligent hiring.
The injuries that can result from these types of incidents are numerous and diverse. Common injuries inflicted during negligent security incidents include:
- Gunshot wounds
- Knife wounds
- Blunt force trauma
- Sexual assault
- Armed theft
- Fractured skull
- Spinal cord injury
- Broken bones
- Internal organ damage
- Psychological trauma
How a Negligent Security Lawyer Will Attempt to Prove Your Claim
In order for an incident to be attributed to negligent security, the injury victim (plaintiff) must show that the business owner (defendant) failed to uphold their duty of care to keep their property “reasonably safe.”
Typically, an insurer, judge, or jury will expect the plaintiff to demonstrate that the risks of violent crime and other harm were foreseeable. In some cases, this will come down to establishing a pattern or history of previous similar incidents happening on the property.
Security experts may also be used to testify that the defendant could have foreseen the risk had they exercised “ordinary care” according to their profession and applicable law. For instance, building codes in New York stipulate that the property owner should provide adequate lighting for people’s safety and security.
Your New York negligent security attorney will also attempt to establish the direct connection between the defendant’s negligence and the plaintiff’s injury. Demonstrating causation is critical for tracing liability back to the property owner and making them responsible for the resulting damages.
Hire a Negligent Security Lawyer to Seek All Damages from Your Unfortunate Incident
No matter the cause of your injury, your negligent security lawyer will want to help you seek the maximum amount of compensation available. Your damages may include:
- Hospital bills, past, and future
- Out-of-pocket expenses, including co-pays, hospital deck parking, over the counter drug costs, etc.
- Lost wages
- Pain and suffering
- Permanent disfigurement or disability
- Loss of enjoyment of life
- Property loss
- Loss of earning capacity
- Mental anguish
TonaLaw is a no-fee law firm – We get paid when we win your case!
Find an attorney you can trust and who will fight for you at TonaLaw. You can schedule a free, no-obligation consultation appointment with our Long Island negligent security lawyers now by calling 1-833-TONALAW or using our quick form to contact us online.