Property owners are legally obligated to keep their properties reasonably safe for visitors and customers. When preventable crimes happen on someone else’s property, victims may have the right to pursue compensation through a negligent security lawsuit. When property owners put their profits over the safety of visitors, innocent victims can become seriously injured by criminal activity, including assaults and robberies.
If you’ve been seriously injured because of a preventable crime on someone else’s property, you may have the right to compensation. Victims can hold property owners and managers accountable for negligence by pursuing a negligent security lawsuit. Contact the experienced personal injury attorneys at Dell & Dean, PLLC, to schedule a free case evaluation and learn more about your legal options.
Types of Crimes in Negligent Security Lawsuits
Negligent security on another person’s property can make visitors and guests vulnerable. There are many ways criminals can take advantage of negligent security to attack an innocent victim. Criminals may be involved in assault victims because they know there are no security cameras, security guards, or other protective measures. Some of the most common crimes that occur because of negligent security include the following:
- Rape or sexual assault
- Robbery
- Assault and battery
- Kidnapping
- Murder
What Is a Negligent Security Lawsuit?
Negligent security cases involve injuries caused by violent crimes and are a type of premises liability case. Premises liability cases happen when a property owner fails to take legally required, reasonable safety measures to prevent foreseeable harm to guests and visitors. The injured victim can pursue a premises liability claim against a property owner when a crime occurs. Under New York law, property owners aren’t required to guarantee that their property will remain crime-free. However, they are required to intervene and prevent foreseeable crimes from happening before people become seriously injured.
Pursuing a Negligent Security Claim
Recovering compensation through a premises liability lawsuit requires the plaintiff to prove negligence. Specifically, the plaintiff must prove that the property owner or manager failed to take reasonable safety measures that could have prevented a foreseeable crime. They must also prove that the property owner’s negligence caused their injuries. An important part of proving negligence involves proving that the crime that occurred was foreseeable.
Crime statistics or police reports that show a pattern of similar criminal activity in the area in which you were attacked can help you prove that the crime was foreseeable. Dell & Dean, PLLC will work with you to investigate your case and gather evidence proving the negligent party’s liability.
Who Is Liable in a Negligent Security Lawsuit?
Victims of negligent security can pursue a claim against the property owner. Serious injuries caused by a lack of reasonable security practices can occur nearly anywhere. Victims can become injured due to negligent security in the following locations:
- Restaurants and bars
- Shopping centers and stores
- Hotels and motels
- Office complexes
- Theaters, museums, and other attractions
- Public parks
- Apartment and condo complexes
- Grocery stores
Consequently, potential parties can include any person or company with an interest in or control over the property at which the injury occurred. You may have a claim against the property owner at which you become seriously injured. Additionally, you may have a right to pursue compensation from the owner or operator of a business inside the building or the legal entity responsible for managing the property.
Suppose you were injured in a mall or retail complex store. Although the business owner may not own the property, you may still have a valid legal claim against the owner or manager who leased the retail store. Landlords and tenants can be held liable for negligent security incidents. For example, suppose you were injured at an event, such as a concert. In that case, you may have a valid legal claim against the concert promoter for the failure to prevent a foreseeable crime from happening at the event.
Pursuing an Insurance Claim
Most business and property owners purchase commercial insurance coverage to protect themselves and their businesses. Most comprehensive insurance policies cover injuries caused by criminal activities. You may have the right to pursue an insurance claim through the commercial insurance policy instead of directly pursuing damages from the liable party. If the property owner or manager does not have the resources to cover all of your damages, pursuing an insurance claim may be the best option for you.
However, before you accept an insurance settlement amount, it’s crucial that you speak to an experienced attorney. Many commercial insurance companies will wrongly deny insurance claims or offer victims settlement amounts that are far too low.
Damages Available in Negligent Security Cases
Victims of violent crimes can sustain lifelong, devastating physical and emotional injuries from being attacked. You can pursue economic and non-economic damages if you’ve been injured by an avoidable crime on someone else’s property. Economic damages cover tangible, quantifiable losses such as your current and future medical expenses. Individuals of violent crimes may need ongoing medical treatment, hospital stays, rehabilitation, and extensive psychological treatment.
They may develop post-traumatic stress disorder (PTSD), anxiety, and depression. Individuals can also pursue compensation for their lost wages. If they become disabled because of their injuries, they can pursue additional compensation for losing future earning capacity. Finally, individuals can pursue non-economic damages for their pain and suffering. The attorneys at Dell & Dean, PLLC have the resources and connections to carefully evaluate the damages you have suffered and will suffer in the future so we can pursue a full and fair settlement that covers all of your losses.
Call Our Negligent Security Attorneys in Long Island & New York
Have you been the victim of a foreseeable crime on someone else’s property? Before accepting an insurance settlement, discussing your case with an experienced personal injury attorney is beneficial. Dell & Dean, PLLC can help you understand your legal options, including pursuing economic and non-economic damages from the negligent property owner. We have a proven track record of recovering compensation for victims of criminal activity in Garden City and throughout New York. Don’t hesitate to contact Dell & Dean, PLLC, to schedule a complimentary, no-obligation case evaluation.
Dell & Dean, PLLC, represents clients throughout Nassau County and Suffolk County on Long Island, as well as the boroughs of New York City and the surrounding areas.
