When you visit a store, apartment complex, or office building in New York City, you expect a reasonable level of safety. Unfortunately, sometimes, that expectation is shattered by an assault, robbery, or other violent crime on the premises. In some cases, victims are surprised to learn that they may have the right to sue not just the attacker, but the property owner as well–especially if the incident could have been prevented. This is where negligent security comes into play. Continue reading and reach out to a knowledgeable New York City slip and fall lawyer from the Law Office of Richard M. Kenny to learn more. Here are some of the questions you may have:
What Is Negligent Security?
Negligent security is a type of premises liability claim. It arises when a property owner fails to take appropriate precautions to protect visitors or tenants from foreseeable criminal acts. That doesn’t mean they need to anticipate every possible threat, but it does mean they have a legal duty to provide a basic level of safety based on the property’s location, history, and use.
For example, if a landlord knows that the building is in a high-crime neighborhood and yet fails to install working locks, security cameras, or hire security personnel, they could be held legally responsible if someone gets hurt due to a break-in or violent crime. The same goes for business owners who neglect to address repeated incidents in or around their establishment.
Essentially, if the property owner knew, or should have known, about the risks and did nothing to prevent them, you may have grounds for a lawsuit.
Who Can Be Held Liable for Negligent Security?
This is often the first question clients ask, and rightfully so. In negligent security cases, liability usually falls on the party responsible for maintaining the safety of the premises. That could be a landlord, a commercial property manager, or even a third-party security company, depending on the circumstances.
But proving liability isn’t always simple. It requires evidence that the crime was foreseeable and that the lack of adequate security measures directly contributed to the incident. In some cases, the property may have a prior history of similar incidents. In others, witnesses or surveillance footage can help establish a pattern or lack of preventative action.
It’s also important to note that the criminal doesn’t need to be caught or even identified for you to have a valid case. Your claim is against the property owner for their negligence, not the attacker themselves.
What Compensation Could I Receive?
If your negligent security claim is successful, you may be entitled to several forms of compensation. This can include medical expenses, lost wages, pain and suffering, emotional distress, and even future costs associated with your injuries or trauma. In particularly egregious cases, punitive damages may also be awarded to punish the property owner and deter similar negligence in the future.
Of course, each case is unique, and the value of your claim depends on the severity of your injuries, the level of negligence involved, and the impact the incident has had on your life. That’s why speaking to an experienced personal injury attorney is so important.
If you have additional questions or would like to pursue compensation for your injuries, simply contact the Law Office of Richard M. Kenny today.
CONTACT OUR EXPERIENCED NEW YORK CITY FIRM
Our entire legal team is dedicated to providing the advice you need and the personalized attention you deserve. If you have been injured due to another party’s negligence, call (212) 421-0300 or fill out our contact form to schedule a free consultation with a Manhattan slip & fall lawyer. You may be entitled to financial compensation, which can help you on your road to recovery.
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