Although a private company is not expected to serve as a police agency, it is expected to protect its customers' safety.

In New York, like many other states, a business owner is required to provide a proper level of security to its customers, especially when past criminal activity has occurred on the property. The company isn't expected to act as law enforcement, track down the offender and arrest them, but they do need to ensure the safety of their customers to a certain extent. The question we ask today is: When a company is negligent in this regard, can you sue for inadequate or lack of security?

We will provide further information on this scenario in the blog article below. However, if you were injured by a criminal conduct on a business's property in New York, contact the personal injury lawyers of Brandon J. Broderick, Attorney at Law. We can go over the incident and determine whether you have a case against the company or property owner.

If taking legal action is advised, we can assist you in navigating the court system and obtaining a favorable verdict.

Businesses Are Required To Ensure Customer Safety If...

In New York, if there is evidence of a pattern of illegal activity on a business's property, the company is required by law to take action.

If a bar finds that assaults take place there frequently, the owner must take action, putting together security strategies to ensure the safety of other patrons, such as hiring a bouncer. If other customers are injured and the bar failed to provide security, they may be able to bring a negligent security claim against the company, and argue that the establishment knew that the guests were in danger, yet did nothing to protect them.

Inadequate Security Lawsuits in New York

In New York, it is the responsibility of businesses and property owners to determine the likelihood of criminal behavior on their property and then take reasonable precautions to prevent it. Anti-crime measures that could be sufficient in one place might not be sufficient in a place where there is a higher danger of being injured in a violent crime.

A history of violent crime, either on the property itself or in the neighborhood, is one of the variables that strongly suggests the need for increased protection. It is expected that high-traffic areas and gathering places will need preventative security measures, but the same may be true of an area where potential victims might be found walking alone.

Inadequate security examples include:

  • Poor lighting
  • No security guards or insufficient security
  • No cameras or surveillance
  • No visitor/employee screening
  • No warning signs
  • Failure to remove intoxicated individuals
  • Unsecured entrances/exits

Inadequate security may contribute to an incident at virtually anywhere in New York City since violent crimes can occur almost anyplace. However, here's some of the more common places where security liability is an issue:

  • Parking lots/garages
  • ATM kiosks
  • Apartment buildings
  • Parks and amusement parks
  • Train/bus stations and other public transportation
  • office buildings
  • bars, clubs or restaurants

A victim may be able to bring a premises liability claim against the negligent property owner or company if they sustain a personal injury as a result of inadequate security. When this happens, contact an experienced New York Inadequate Security Lawyer as soon as possible. Attorneys can assess your case and decide whether a claim is necessary.

If you can prove that the property owner or business was negligent in failing to provide adequate security, you may be entitled to compensation for medical expenses, lost wages, rehabilitation costs, emotional distress, pain and suffering, and more.

Why Criminal Act Type Matters

It's possible for a business to have multiple criminal occurrences in a single week without automatically being held responsible for any following injuries. The specifics of the offense are important.

Consider the possibility that three women may have been the victims of assault in a store's parking lot. In response, the business might hire security guards to keep an eye on the parking lot all the time. But what happens when someone is attacked while using the restroom? The establishment might not be held accountable if this was the first attack to occur in a restroom. The company could argue that because the crime was unexpected and did not follow a pattern in the past, they couldn't have been prepared for it.

Proving Negligent Security

The law requires building owners or businesses to keep their properties sufficiently secure against expected criminal activity, and this is important when attempting to prove negligent security.

You might be able to demonstrate negligent security if you've been the victim of a violent crime. You'll need to provide evidence that the area has a violent past and is still home to violent crimes.

Ways to prove this include:

  • Police reports of violent crimes committed at the location
  • Statements from witnesses witnesses to violent crimes that occurred there
  • Evidence of prior lawsuits brought about by criminal activities at the site

Call The Lawyers at Brandon J. Broderick Today For Help

If you or a loved one has been the victim of a crime due to a business or property owner not providing adequate security, you need to speak up to defend your rights.

The New York personal injury lawyers at Brandon J. Broderick, Attorney at Law, are adept in assessing allegations of insufficient security and have a proven track record of achieving favorable outcomes for their clients.

For a free consultation, call our office today and we will discuss your case.

We assist victims of injuries caused by inadequate security throughout Manhattan, Queens, Brooklyn, the Bronx, and the entire city of New York.


Posted by: Brandon J. Bro…
Date: Mon, 10/31/2022 - 14:27

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