Every property owner or landlord has an obligation to ensure that they provide safe premises for tenants, guests, licensees, and anyone on their property. In addition to keeping a premise free from defects and known hazards, a property owner also must ensure that they take reasonable measures to protect those on the property from criminal attacks. Depending on the circumstances, a property owner's actions or inactions can hold them liable under a type of premises liability called negligent security.
Liability for Negligent Security
If a residential or commercial property owner, or one of their agents, knew - or should have known - about a condition on the property that could invite crime, they must take reasonable measures to establish appropriate deterrents. Otherwise, they may be held responsible if you are a victim of an attack or criminal act.
Depending on the facts and circumstances of the occurrence, a landlord, property owner, management company, or another responsible party may be held liable for inadequate security based upon a failure to:
- Employ security guards where necessary
- Install surveillance where needed
- Provide adequate lighting
- Install locks, fences or gates
- Secure windows, doors, or other entry points
In some situations, you may be able to sue the security company on-site if they failed to properly train their security guards or take reasonable and necessary measures to protect you.
Different properties and location types have different security needs. However, negligent security issues can arise at nearly any commercial location or residential apartment building if proper precautions aren't taken. They can be found at:
Locations Where Negligent Security Issues Can Arise
- Apartment buildings and complexes
- Office buildings
- Retail stores
- Loading docks
- Parking garages
- Bars and restaurants
Conditions such as improper lighting, broken locks, and loose windows can all contribute to negligent security issues. If there has been a history of criminal activity at the building or in the immediate area, a property owner or manager must take measures to ensure safety as well as warn about any danger. Reasonable security measures can vary according to the location and history of crime. They can include employing security personnel, installing barriers, adding locks, security cameras, or other surveillance methods to prevent criminal activity.Recoverable Damages for a Negligent Security Claim
Being a crime victim is a horrifying experience that can result in long-lasting emotional scars and physical injuries. If you were robbed, mugged, attacked, assaulted, or physically victimized on a premise as a result of inadequate security measures, you may be entitled to compensation for your damages in a personal injury action. You might be able to recover emotional damages and pain and suffering as well as for unreimbursed medical expenses, future medical expenses, and out-of-pocket medical costs. You may also be able to recover lost wages if you had to take time off work and for loss of consortium. In some cases, you may be able to recover punitive damages.
Contact an Experienced New York Negligent Security Attorney
If you were a victim of a criminal attack that occurred due to negligent security, you should contact a personal injury attorney immediately who can advise you of your legal rights. An experienced personal injury attorney who handles premises liability and negligent security cases can help you recover the compensation you deserve for your injuries, medical expenses, and time lost from work.
The Popick Law Firm has thirty years of experience in obtaining compensation for victims of negligent security. Located in Fresh Meadows, NY, The Popick Law Firm handles personal injury and premises liability cases in Queens, Brooklyn, Manhattan, the Bronx, as well as Nassau and Suffolk counties. Contact the Popick Law Firm today for a consultation.