Assaults & Injuries Resulting from Inadequate Security
Everyone deserves to be reasonably safe when they visit a business, establishment, or public property. In fact, New York premises liability law states that property owners must take certain measures to ensure that visitors are kept reasonably safe from dangerous conditions and other hazards that could cause foreseeable injury. One such responsibility is the responsibility to provide adequate security when there is a foreseeable risk of criminal activity by third parties.
If you were assaulted, attacked, or otherwise injured as a result of inadequate security, our team can help. At Salenger, Sack, Kimmel & Bavaro, LLP, we handle complex premises liability cases, including those involving negligent security and missing security measures. Our attorneys have successfully represented victims of criminal activity due to inadequate security on Long Island, in New York City, and throughout the surrounding areas. Get in touch with us today to learn how we can help you.
What Is Negligent Security?
“Negligent security” is a legal term that refers to inadequate security measures on private commercial property or public premises.
To have a negligent security claim, you must typically be able to prove the following:
- There was a foreseeable risk of injury
- The property owner knew about or should have known about the risk
- The property owner failed to take adequate measures to prevent injury
- You were lawfully on the property when the incident occurred
- You were injured and suffered measurable, compensable damages
- Your injuries were the result of the property owner’s failure to take reasonable and adequate measures to prevent injury
Proving there was a foreseeable risk of injury, and that the property owner knew about or should have known about this risk, may involve establishing that the property where the incident occurred was in a high-crime area, or that a similar act to the one that caused your injury had happened on the property before. You will also need to prove that you were not trespassing, meaning you were lawfully on the property, when the injury-causing event occurred.
Examples of Inadequate Security
One of the most important elements of your inadequate/negligent security claim is proving that the property owner not only knew about the risk of foreseeable injury but also failed to take the necessary measures to prevent visitors from being injured. This often involves proving that there was inadequate security on the property.
Some examples of inadequate security include:
- Lack of security cameras
- Defective or broken security cameras
- Insufficient lighting
- Negligent security guards
- Poorly trained security staff
- Defective doors and/or windows
- Broken or missing locks on windows and/or doors
Note that a property owner may not be automatically considered negligent if they have not hired security guards or installed security cameras. Instead, you will need to prove that failing to take these or other security measures constitutes negligence based on a risk of foreseeable injury. For example, if you were assaulted in a parking lot that did not have floodlighting or active security guards, despite a history of similar assaults in the past, you could have a case. However, if no such act has ever occurred on the premises before, and the property is not located in an area with high crime rates, it may be more difficult to prove that the property owner was negligent and, therefore, liable for your damages.
The Effects of Negligent Security
When property owners negligently fail to install adequate security measures, they put innocent people at serious risk. Negligent security can result in violent criminal conduct going undeterred, leading to severe bodily injury and even death. Victims may experience debilitating mental health effects, such as post-traumatic stress disorder (PTSD), anxiety, and depression. They may be unable to return to work for weeks or months, causing them to lose wages and the income they need to survive.
At Salenger, Sack, Kimmel & Bavaro, LLP, our New York inadequate security attorneys fight to help victims of violent acts resulting from negligent security secure full and fair compensation for their damages, including but not limited to:
- Medical expenses
- Future medical care costs
- Lost income, wages, and benefits
- Lost earning ability
- Pain and suffering
- Emotional distress
- Disfigurement and inconvenience
- Loss of future income/earnings
- Counseling and therapy costs
We understand how traumatic these incidents are, which is why we offer compassionate and highly personalized representation to each and every one of our clients. We genuinely care about protecting our clients’ rights, and we are here to fight tirelessly for the justice you deserve.
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