When you enter any type of business or public establishment, you likely don't think twice about your safety. Most people automatically assume that you are entering a safe place if you go to a restaurant, hotel or mall in New York. You are right to assume this, as it is legally required of the owner to take reasonable measures to protect you from danger.

If you do suffer an injury due to safety concerns, you may be able to file a lawsuit for negligent security and get compensation.

A New York property owner may be subject to a negligent security claim if a customer sustains injuries that were foreseeable due to inadequate security measures. A negligent security lawsuit may stem from someone being the victim of a sexual assault, a robbery, or other forms of violence, even an untimely death.

We will go over how negligent security claims in New York work, situations where property owners are held responsible and other important information on the subject.

It's important to seek advice from a qualified personal injury attorney, preferably one that has experience with negligent security claims in NY. Our team at Brandon J. Broderick has experience that can assist you.

Negligent Security in New York Explained

A "negligent security" claim is a type of premises liability case, and fits into the personal injury law category.

In negligent security cases, the plaintiff claims that the landlord or property owner did not take the appropriate safety measures to protect them against injuries that resulted from the lack of sufficient security.

New York law states: "Landlords have a common-law duty to take minimal precautions to protect tenants from foreseeable harm, including foreseeable criminal conduct by a third person[.]" As mentioned, this could be an assault, robbery or similar forms of violence against a property visitor.

Property owners hold liability in cases where someone is hurt, whether it be in a retail store, bar or mall. However, there were exceptions. When a property owner knows that a crime is likely to occur, they are required to take reasonable precautions to prevent visitor injuries. A property owner is often immune from liability for criminal activities committed by third parties, with the exception of situations in which a criminal act was reasonably foreseeable. Nevertheless, an owner cannot guarantee the complete safety of anybody they let onto their property and are not not obliged to plan for improbable or unlikely incidents.

How To Win A Negligent Security Case

The laws in a case of negligent security will vary depending on the state you live in. However, you must establish the following three points:

  • The defendant had a legal obligation to provide security on the premises.
  • The defendant did not implement the necessary security measures.
  • The plaintiff was not protected from harm's way by security.

Attorneys must be able to establish that the victim sustained harm or worse because the property owner failed to take the necessary safety measures to prevent an attack that was foreseeable.

Do You Have an NY Negligent Security Claim? Our Personal Injury Lawyers Can Help

Even though a case for negligent security may seem simple, it can be difficult to prove in court. Having an experienced negligent security lawyer on your side might make a big difference in your case.

With years of experience, Brandon J. Broderick, Attorney at Law, guides clients through these issues.

For a free consultation, reach out to us right now. Let us assist you in understanding your case.

Posted by: Brandon J. Bro…
Date: Fri, 12/01/2023 - 17:44

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