In New York, you may be entitled to sue if inadequate security at an apartment complex or business contributed to your injury. Property owners are required to take reasonable steps to shield guests from foreseeable harm. If they fail to maintain a safe environment, you may have a valid negligent security claim. Please continue reading to learn what you must prove in a negligent security claim and contact an experienced New York City Personal Injury Attorney at Swerling Law to pursue fair compensation for your damages.
What is a Negligent Security Claim?
Depending on the unique circumstances, you may file a claim for inadequate security measures. Property owners in New York are legally obligated to implement reasonable security measures to safeguard guests on their premises. Liability can be established if they breach this duty and an injury occurs due to criminal activity that was foreseeable.
Negligent security claims are common in locations such as apartment buildings, commercial parking lots, and other business properties. Essentially, this claim is a subset of premises liability law and hinges on your ability to establish that the property owner failed to implement sufficient protections to prevent foreseeable crime. The primary element is demonstrating that the owner’s negligence directly led to the resulting injury and damages.
What Must You prove in a Negligent Security Case?
For a successful negligent security claim in New York, you must prove the following elements:
- Duty of Care: The property owner was obligated to maintain a safe environment for visitors.
- Breach of Duty: The property owner violated their duty of care by failing to implement reasonable security measures (e.g., non-functioning cameras, broken locks, absence of security officers).
- Foreseeability: The risk of criminal activity was known, or should have been known, to the property owner (e.g., the property is located in a high-crime area or had a history of prior incidents).
- Causation and Damages: The property owner’s failure to provide adequate security directly caused your injury, resulting in verifiable damages such as medical bills or lost income.
What Steps Should You Take After an Injury?
In the immediate aftermath of an accident, it’s crucial to take the appropriate steps to strengthen your claim. The first and arguably most vital action is to get medical help. Your well-being should always be your primary concern. Being examined by a physician right away not only ensures you receive proper diagnosis and treatment for your injuries but also establishes official medical records. This documentation is essential as it connects your injuries to the event and will serve as key evidence in your case.
Following this, you should document the accident scene. If you’re physically capable, you should photograph the area, focusing on conditions that may have played a role in the incident, such as poor lighting, damaged locks, or surveillance cameras. Additionally, you should make note of any lack of security measures (if applicable). Collecting contact information for any witnesses, including their names, is also advisable.
Finally, you should connect with an attorney at Swerling Law. Our legal team is prepared to help investigate the circumstances of the accident, gather evidence, and build a strong case for compensation. Reach out to us today to schedule a consultation.