Are Property Owners Liable for Assaults or Robberies That Happen Due to Poor Security in NY?
Violent crimes such as assaults and robberies can be traumatic, especially when they happen in locations where individuals have a reasonable expectation of safety. In New York, the law allows property owners to be held legally liable when crimes occur due to their failure to provide sufficient security. This area of law is often referred to as negligent security under premises liability laws. At Jacobson Law, we help victims of violent incidents caused by unsafe conditions seek the justice and compensation they deserve for the harm suffered.
What Constitutes Negligent Security Under New York Law?
Negligent security is defined as a situation where a property owner or manager does not take reasonable measures to protect visitors, tenants, or customers from foreseeable criminal activities. While property owners and managers cannot guarantee safety, they have a duty of care towards individuals who are legally present on their premises.
This duty involves addressing known or reasonably foreseeable risks, including criminal actions by third parties, especially when those risks could be reduced through reasonable security measures such as:
- Proper lighting in common areas and parking lots
- Functioning locks on doors, gates, and windows
- Properly trained security guards or patrols when necessary
- Surveillance cameras and alarm systems
- Controlled access to buildings or restricted areas
When Can a Property Owner Be Held Liable?
To succeed in a negligent security claim in New York, you typically need to establish the following elements:
- Duty of Care: The property owner had a responsibility to keep the premises safe.
- Foreseeability of Crime: The specific crime was reasonably predictable. Courts often take into account elements like past incidents, crime statistics in the vicinity, and the characteristics of the property.
- Breach of Duty: The property owner did not implement adequate security measures.
- Causation: The absence of security directly led to the assault or robbery.
- Damages: You suffered physical, emotional, and/ or financial harm as a result of the incident.
A qualified attorney can help conduct thorough investigations and build the strongest case possible.
Common Types of Properties Where Negligent Security Often Happens
Negligent security can happen in almost any property, but some areas pose an increased danger, including;
- Apartment buildings and residential complexes
- Hotels, motels, and short-term rentals
- Parking garages and lots
- Bars, nightclubs, and event venues
- Retail stores and shopping centers
- Office buildings with public access
Recoverable Compensation
After falling victim to assault or robbery in someone else’s property and suffering harm, you may seek several damages, including:
- Medical expenses
- Lost wages and diminished earning capacity
- Pain and suffering
- Emotional distress
- Relocation costs if you have to move due to a lack of safety
Each case is different, and the compensation you recover depends on the factors surrounding your case, such as the severity of harm and the property and comparative fault. New York is a “pure comparative negligence” state. If you’re found to have contributed to the incident, for example, if you ignored warnings, your compensation can be reduced by your percentage of fault. However, you’re not completely barred from recovery.
Contact Us for Legal Help
If you were harmed due to poor security, contact our skilled Long Island premises liability lawyers at Jacobson Law today to protect your rights and seek the compensation you deserve.
