Under New York law, property owners must take adequate care to ensure that their premises are safe. Depending on he type of accident, you may be unsure whether it occurred because you were not paying enough attention to what you were doing or because there was a dangerous condition present. The first thing to consider is whether the property owner caused the safety hazard, knew about it and ignored it, or should have known about it. If the answer is “yes” to any of these questions, you may have a valid premises liability claim. Liability will often depend on how regularly and thoroughly the property owner maintained the premises.
The Falkowitz Law Firm protects individuals injured as a result of the following types of premises liability claims:
- Slip-and-fall accidents
- Stair collapses
- Elevator injuries
- Sidewalk accidents
- Ceiling collapses
- Negligent security
Tragically, crimes happen every day. People get robbed, and sometimes, more serious crimes, like rape, occur. Some people are assaulted or even killed.
In many of these cases, property owners are to blame. While they are not the ones doing the actual robbing, raping or killing, they are the ones allowing it to happen. That’s because customers have a right to safety when they go to a bar, restaurant, store, mall, church, concert or apartment complex. When a property owner ignores a safety hazard and this leads to a crime, this is called negligent security.
Negligent security is a type of premises liability case. A property owner can be held liable for a crime caused by a lack of security, just like they can be considered responsible for a slip and fall accident or injuries caused by broken stairs, faulty elevators, and broken sidewalks.
This begs the question: Why not sue the person who committed the crime? Wouldn’t they have the highest degree of liability? In theory, yes, but in some cases, the suspect is never found, Plus, business owners are supposed to have insurance for these situations. A victim has a better chance of recovering financial compensation from the business owner than a person who likely has little assets.
Proving Negligent Security
Negligent security occurs when a property owner fails to warn visitors of possible criminal activity or does not have proper security measures in place. It refers to a lack of adequate security, which is hard to define, as it varies from place to place. In any case, a person will need to prove that they were lawfully present on the defendant’s property, the defendant failed to provide reasonable security, the plaintiff suffered injuries due to this lack of security and suffered damages as a result.
A key element is foreseeability. If a person was raped in a parking lot in a neighborhood with a low crime rate and no rapes or similar activity in the past, then how could the business owner have known that a rape would occur? In this case, the victim may not be successful in suing the owner for negligent security. However, if rapes occurred on the premises several times a year and the business owner failed to have security in place to prevent future rapes, then they could be held liable for their negligence.
The good news is that if a victim and their Long Island Personal Injury lawyer can adequately prove that the business owner was negligent in its security, large recoveries are often available. It is not uncommon for a judge to award multi-million-dollar verdicts. If you were a victim of a crime caused by a lack of security, a seven-figure payout is a possibility.
Call a New York Premesis Liability Lawyer
You have the right to a reasonable amount of safety when patronizing stores, restaurants, bars, and other establishments. If you have been assaulted, raped or robbed while entering or leaving these premises, you may be able to sue for negligent security.
The Falkowitz Law Firm can help determine liability and help you understand your rights to compensation. Schedule a consultation with a Long Island Personal Injury Lawyer at 844-GET-GARY.
Your claim may be subject to statutory time restraints that require immediate attention. It is imperative to act promptly to preserve any evidence at the scene or from witnesses. If you or a loved one were injured as a result of someone else’s carelessness, call the Falkowitz Law Firm anytime for a free consultation.