Long Island Negligent Security Lawyer
Property owners in New York have a legal obligation to maintain safe premises for those who enter their property. When they fail to do so, resulting in harm to visitors, they may be held liable through premises liability claims. “Negligent Security” is a specific type of premises liability case that arises when a person is harmed in a robbery, sexual assault or attack due to the property owner’s failure to provide adequate security measures. Negligent security is a complex area of law, and negligent security injury cases often require extensive litigation to obtain a full measure of justice for victims. At Jacobson Law, our Long Island negligent security lawyers help victims of violent crimes or assaults in New York City seek compensation from property owners whose negligence led to their injuries.
What Constitutes Negligent Security?
Negligent security cases typically involve incidents that could have been prevented if proper safety measures had been in place. Common situations include assaults, robberies, or sexual assaults occurring in areas such as apartment buildings, parking garages or parking lots, hotels and motels, shopping malls and department stores, bars and nightclubs, and office buildings.
In these locations, property owners or managers have a duty to protect visitors from foreseeable harm. If criminal activity is known to occur in the area or on the property, reasonable security precautions should be taken to reduce the risk of injury. These precautions may include security cameras, adequate lighting, trained security personnel, and controlled access points. Even if the property is not located in a high-crime area, reasonable security measures such as adequate lighting and working locks are generally required.
Elements of a Negligent Security Claim
Under premises liability law, the burden falls on the accident victim to prove their case in order to recover compensation through a negotiated settlement or jury verdict. To succeed in a negligent security claim, a plaintiff must prove the following:
- Duty of Care: The property owner or manager owed the plaintiff a duty of care to provide a reasonably safe environment.
- Breach of Duty: The owner breached this duty by failing to implement appropriate security measures.
- Foreseeability: The risk of criminal activity or harm was foreseeable based on the property’s location, prior incidents, or other factors.
- Causation: The plaintiff’s injuries were a direct result of the owner’s failure to provide adequate security.
- Damages: The plaintiff suffered actual damages, such as physical injuries, medical expenses, or emotional distress, as a result of the incident.
For example, if a tenant in an apartment building is attacked in a poorly lit hallway where previous incidents of criminal activity have occurred, the landlord may be held responsible if they failed to address the inadequate lighting or hire additional security. Patio doors and windows should likewise have locks that are working and sufficient to prevent a break-in from occurring too easily.
Common Security Failures in Negligent Security Cases
Negligent security claims can arise from a variety of failures, including:
- Lack of security personnel: In high-crime areas or places prone to violent incidents, failing to employ security guards can be considered negligent.
- Inadequate lighting: Poor lighting in parking lots, stairwells, or hallways can create opportunities for criminals to attack unsuspecting victims.
- Broken or inadequate locks: Inadequate or malfunctioning locks on doors and windows can allow unauthorized individuals to access the property.
- Non-functioning security cameras: Security cameras that are not installed, are broken, or are not properly monitored reduce the ability to deter or respond to criminal activity.
- Lack of fencing or barriers: Properties with unrestricted access points can be more vulnerable to criminal activity to an unreasonable degree.
These types of security failures put innocent individuals at risk and can form the basis of a negligent security lawsuit against the owner or property manager.
How Jacobson Law Can Help
At Jacobson Law, we understand the devastating impact that violent crimes can have on victims and their families. If you’ve been injured in an assault, robbery, or other violent crime due to inadequate security on someone else’s property, you may be entitled to compensation for your injuries and losses. Our experienced team is committed to helping clients navigate the complexities of negligent security claims and holding negligent property owners accountable.
We conduct thorough investigations to identify all security failures and gather the evidence needed to build a strong case. This includes reviewing police reports, obtaining security footage (if available), interviewing witnesses, and consulting with security experts to establish the property owner’s negligence. We work tirelessly to ensure that our clients receive the compensation they deserve, including coverage for medical expenses, lost wages, pain and suffering, and more.
Compensation in Negligent Security Cases
Victims of negligent security incidents may be entitled to several types of compensation, including medical expense coverage for hospital bills, surgeries, physical therapy, and ongoing medical care. Time missed from work due to injuries, as well as lost future earning capacity, is compensable as well. In most cases involving a physical assault, compensation for physical pain and emotional trauma caused by the incident is a large component of the claim. In some cases, punitive damages may also be awarded to punish the property owner for particularly egregious conduct, such as reckless disregard for the safety of others.
Each case is unique, and the amount of compensation available will depend on the specific circumstances of the incident and the severity of the injuries sustained.
Contact Jacobson Law for a Free Consultation
If you or a loved one has been the victim of a crime due to negligent security in New York, Jacobson Law is here to help. Our Long Island negligent security attorneys understand how difficult it can be to recover from an attack, and we are dedicated to holding property owners accountable for their negligence. Contact us today at 631-661-2030 for a free consultation to discuss your case and learn more about your legal rights.