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New York Negligent Security Lawyer
When you visit an area, you trust that adequate security measures will protect you from harm. If a property’s security measures are insufficient or nonexistent, you could face a serious risk of harm, and if hurt, could have grounds for a personal injury case.
Dansker & Aspromonte LLP Associates has been serving the residents of New York City for over thirty years. Our team is dedicated to helping injured claimants secure financial recovery for their pain and suffering and other damages. Even if you are not sure whether you have a strong claim, our lawyers provide a free no-obligation consultation.
What Do Premises Liability Lawsuits Involve?
The most important aspect of any premises liability lawsuits is determining whether or not the owner was negligent in their obligations and responsibilities, either in warning visitors about hazardous conditions or eliminating those conditions completely. Typically, a property owner is determined to become what at fault for injuries incurred. This means the victim receives a part of the damages as opposed to the full amount.
Our lawyers are experienced with premises liability in and around New York City. We serve wrongful death and personal injury victims across the state and will help you get compensation for your pain and suffering.
Examples of Negligent Security Practices You Can Include in a Claim
Negligent security practices can include a wide variety of actions and inactions. If a property owner did not implement reasonable measures to protect others from getting assaulted, robbed, or killed, they could be held liable for claimants’ damages.
Some examples of negligent security practices that could give rise to a personal injury case include:
Lack of Security Personnel
Bars, nightclubs, and entertainment venues must be adequately staffed with security personnel. These workers are responsible for barring entrance to intoxicated guests, removing unsafe people from the premises, and calling law enforcement officials if an incident occurs.
Compromised Lock Systems
You may have been assaulted by an intruder who unlawfully entered the premises. This may have been the result of broken doors, locks, and windows. All property owners have a duty of care to regularly monitor and maintain their properties. Otherwise, they can be held financially accountable for their inactions.
Non-Functioning Alarm Systems or Security Cameras
Alarm systems and security cameras are meant to deter perpetrators from harming others. If it is obvious that an alarm system is not functioning properly or security cameras are not in place, this could encourage intruders with bad intentions.
The Failure to Address Prior Criminal Activity or other Dangerous Behavior
In some instances, a premises has a history of assaults or other dangerous activities. When a property owner, manager, or tenant fails to address these conditions or take reasonable measures to make the premises safer, they may be held to have acted negligently in subsequent cases of assault or physical harm.
There are many other examples of negligent security practices that we have not included on this list. If you have been the victim of assault or another dangerous encounter that resulted in serious physical or emotional injuries, Dansker & Aspromonte LLP Associates may be able to help you recover the compensation you deserve.
Types of Visitors Who May Fall Victim to Criminals
According to traditional premises liability, there are three types of visitors on property managed or owned by someone else. These include:
- Invitees – people who visit the premises for commercial or business reasons
- Licensees – people who visit for non-business purposes or seek permission from the owner to be on the premises
- Trespassers – people who are on the premises without the permission of the owner
The laws for invitees and licensees are similar, but the law varies slightly regarding illegal trespassers. However, an owner of a property can still be held liable in certain cases. Our lawyers will go through your case carefully to determine who is responsible for negligent security.
We Can Calculate the Cost of Your Recoverable Damages
While you recuperate from the incident that harmed you, you may be struggling with a variety of injury-related burdens. You may not be able to return to work as quickly as you would like. You could be dealing with physical impairments that threaten your ability to live independently. Many aspects of your injuries could be compensable.
If the evidence shows that your injuries were the result of negligence by an owner, property manager, tenant, business, security contractor, or others, New York Law entitles you to demand compensation for the damages you suffered. Your damages might include:
- Pain and suffering
- Your healthcare expenses
- Rehabilitative care
- Property damage costs
- Reduced future earning capacity
- Lost wages, bonuses, employee benefits, and tips
In the event of a death due to negligent security, loved ones may be entitled to recover additional damages in a wrongful death claim, including:
- Funeral expenses
- Burial/cremation costs
- Loss of spousal and parental guidance
- Loss of income
- Loss of household benefits
Under New York’s laws, there are deadlines that limit the time you have to bring a claim for negligent security. If you fail to bring your claim within the deadline, you may be forever prevented from recovering the compensation you deserve. Dansker & Aspromonte LLP Associates can safeguard your right to financial recovery.
Determining Who is Liable for Negligent Security
According to United States law, the person who possesses the property is liable for injuries that are suffered on that property as a result of negligent and unsafe conditions. This includes inadequate security. This doesn’t necessarily mean that the owner is liable. Rather, possession is defined as controlling or occupying the property whether or not the owner is present when the incident takes place.
In some instances, responsibility for the safety or property and visitors can be legally delegated and property owners are responsible for looking after the sidewalks next to their property. Unsafe conditions from lack of care and maintenance, along with the failure to adequately warn visitors of such conditions, can render a property owner liable for injuries.
Sometimes, owners of the following properties can be negligent in providing adequate security measures:
- Parking garages
- Apartment buildings
Because of this, a person becomes the victim of crime and the owner can then be held responsible for damages the victim suffers.
Negligent security includes failure to:
- Carry out adequate background checks on employees on the premises
- Fix broken locks
- Provide proper, trained, and trustworthy security staff
- Provide adequate lighting
How liable a person is, is influenced by the history of criminal activity in the area. For example, if several robberies have taken place in a department store in recent months, the owner of the department store needs to take certain measures to stop the crimes.
Our expert attorneys have ample experience dealing with premises liability cases for our clients in New York City. We know how to fight for the compensation you rightfully deserve.
We can help you by:
Investigating the Location of the Incident
Not all premises assault cases are the result of negligence. To build a strong case for compensation, the evidence must show that the property owner or other responsible party failed to act reasonably to prevent your attack.
At Dansker & Aspromonte LLP Associates, we understand that the key to a strong claim is a careful investigation of your case which may involve:
- Performing site visits
- Obtaining video footage and photographs
- Conducting witness interviews
- Gathering police reports and police statistics
- Securing expert evaluations
- Many other actions to fight for the best chance at maximum compensation
For instance, if an intruder entered your apartment through a broken window, pictures of the defect could support your allegations. If you were hurt because you were assaulted by a drunk bar patron, security camera footage could demonstrate the nature of your attack. Obtaining all available evidence to support your case is what we do best.
Handling Negotiations on Your Behalf
Once our lawyers have performed a thorough review of your case and gathered all evidence to support that the other side was at fault for your injuries and we can evaluate the full extent of your injuries, we will work with you to begin negotiations with the at-fault parties to determine a fair and just settlement for your case.
Early resolution of your case with a quick settlement is generally not in your best interests until we have fully evaluated the true value of your claim. Be careful of efforts by the at-fault party to offer you a quick settlement immediately after your attack for this reason. If you have been approached by someone offering to settle your claim, call Dansker & Aspromonte LLP Associates first to discuss your rights.
Advising You as to What Your Next Steps Should Be
In the aftermath of suffering an injury, you may be unsure of what actions could help your case. You can start protecting your right to fair compensation by holding onto certain pieces of evidence. Property damage receipts, your medical bills, and emails between yourself and the insurer could build your case. Before you speak to an attorney, try to follow this advice after your attack:
- Call the police
- Request medical attention at the scene
- Follow all medical advice
- Do not post on social media about your attack or injuries
- Take pictures of the scene or have someone take photos before any changes can be made
- Obtain the names of any witnesses
Even if you are not sure whether you have a strong claim for compensation, call our lawyers for a free no-obligation consultation. The sooner you call us, the sooner we can:
- Begin a careful and thorough investigation of the unique facts and circumstances of your assault
- Gather and preserve evidence before it is lost
- Build a strong claim for you so that you can focus on your own recovery
The lawyers at Dansker & Aspromonte LLP Associates have been fighting for the rights of victims of negligent security since 1988. When you team up with Dansker & Aspromonte LLP Associates, you can rest with the peace of mind that we are going to fight for the best possible outcome in your case. We have recovered over $500 million for our clients, and we are determined to recover compensation for you, too.
Brain Damaged Child $50 Million
A four-year-old boy was brought to the hospital for a routine eyelid repair. To cut costs, the hospital contracted out its anesthesia services to a third-party corporation.
Wrongful Death $21.5 Million
This accident occurred in the Bronx when our client was working on a sanitation truck. The driver lost control while making a turn. Our client was ejected and the truck ran over his leg.
Pedestrian Injury $10.3 Million
A 22-year-old theater intern was walking across the intersection of 42nd Street and Ninth Avenue in Manhattan when she was struck by the rear door of a passing truck which had flown open because it had been improperly secured by the driver.