Does Premises Liability Cover Assault in New York?
Depending upon the unique facts in your case, premises liability principles of law can be applied by a victim of an assault to bring a personal injury claim in New York. Property owners, tenants, and managers have a legal responsibility to take reasonable measures to prevent dangerous conditions on a property including the risk of assault by another. If they fail in this obligation, they can be held financially accountable for the costs associated with another person’s physical, emotional, and economic damages.
An Expectation of Physical Safety Is Your Legal Right
New Yorkers leave their homes and engage in day-to-day activities with an expectation of reasonable safety. While no premises can be safe from all harms, property owners and other parties have a duty to ensure that reasonable steps are taken to secure the premises from unreasonable risks by providing basic security. The full scope of basic security varies in every case but usually includes securing the property from outside intruders, keeping the premises well-lit, and addressing all known risks of harm. Unfortunately, the New York City Police Department reported 1,587 assaults in January of 2020 alone.
If you were assaulted on another party’s property in New York, you may have the right to bring a claim for monetary damages. A premises liability lawyer can work with you to evaluate the facts and circumstances of your assault and determine if you have a strong claim against a property owner or other party.
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Property Owners and Others Have an Obligation to Keep Their Properties Safe
Some victims of assault are protected by negligent security laws. In these situations, to recover compensation, you must prove that because the property owner did not employ adequate security measures, you were injured as a result.
Not all assault cases are the result of negligent security. An experienced premises liability lawyer will carefully and thoroughly examine the facts of your case to determine whether you have a claim. Failure to implement certain safety precautions may give rise to a successful claim including properties that don’t have:
- Proper lighting for all areas of the property, including parking lots, garages, stairwells, and driveways
- Security cameras placed in prominent locations throughout the premises
- Trained security guards placed throughout the premises to watch for suspicious activity
- Working locks on all windows and doors
- Physical barriers, such as gates and fences
- A security plan to address known risks in high crime areas
In the event of a premises assault, multiple parties could be held liable for your injuries including:
- The assailant
- A property owner
- A tenant
- A management company
- A security company
- The City of New York
The Key Components of a Successful Premises Liability Claim
New York law sets out the elements that you must prove to have a successful premises liability claim.
After performing a careful investigation of the facts and circumstances of your case, your lawyer must prove the following four elements:
- Duty of care. The property owner or manager had a civil obligation to keep the premises safe for patrons, residents, and visitors.
- Breach of duty of care. The party in question failed to uphold their duty of care.
- Causation. The other party’s actions or omissions were a substantial factor in your assault.
- Damages. As a result of the assault, you incurred financial losses, such as medical bills and lost wages.
If the evidence indicates that all 4 elements can be proven in your case, the law entitles you to seek money damages for each and every type of damage you suffered.
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A Premises Liability Lawyer Can Advocate for Your Rights
When you enter a building or property, you trust that the area is maintained with your safety in mind. However, when this trust is violated and you are assaulted, your injuries may have been preventable if someone had not acted negligently. At Dansker & Aspromonte Associates we have been fighting for the rights of assault victims since 1988. If you have been assaulted and you are not sure whether you have a strong claim, call our team of lawyers to discuss your rights during a free evaluation. If we agree to accept your case, we will conduct a careful investigation of your assault, gather and secure evidence, consult experts in building security, and build a strong claim so that you can recover maximum compensation for your damages.
While every case is unique, some of the types of damages you may be able to recovery include:
- Pain and suffering, including past, present, and future physical pain and mental anguish
- Medical expenses, including medical evaluations, the cost of medications, rehabilitation services, and mental health counseling
- Lost wages, accounting for past, present, and future losses
- Reduced future earning capacity, if your injuries affected your earning power
- Any other out of pocket expenses resulting from your attack
You may be entitled to collect other damages not mentioned here.
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Call Dansker & Aspromonte Associates Today to Learn More
If you have been the victim of a violent attack on someone else’s property, you are not alone. Dansker & Aspromonte Associates can help. Serving Manhattan, Brooklyn, the Bronx, Queens, Staten Island, and Nassau and Suffolk Counties, our premises liability lawyers will work tirelessly to hold the at-fault parties accountable for their actions and your injuries. We have handled many negligent security cases in our decades of experience including a recent settlement where we obtained $2.25 million dollars from the New York City Housing Authority for a home health aide who was assaulted in an elevator on her way to providing care to an elderly building resident.
Call (646) 692-0204 for a free consultation today. Don’t delay. There are deadlines that limit your rights. If you fail to bring your claim by the deadline, you may be prevented from receiving the compensation you deserve. A member of our team will review your case, answer your questions, explain your legal rights, and is ready to fight for you. If we accept your case, you will not be required to pay us any money upfront. We only earn a legal fee when we recover compensation for you.
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