When you visit a business, you expect to be safe. Unfortunately, getting hurt when going about your daily life happens far too frequently, particularly in New York. If you were hurt in a physical attack, you may be able to pursue a negligent security claim against the business owner.
Negligent security lawsuits are based on a theory that a property owner or manager failed to adequately protect visitors and tenants from harm. If you can prove that negligent security, hiring, or training caused your injuries, you may be able to file a claim. Through this type of personal injury lawsuit, you may be able to recover financial compensation for your injuries, including lost wages, pain and suffering, medical bills, and more.
The Odierno Law Firm represents injury victims who have been hurt in all types of accidents in Long Island, including on claims related to negligent security. We offer free initial consultations and never charge a fee unless we recover money for you. Reach out to our law offices to schedule an appointment with a Long Island personal injury lawyer today.
What Is a Negligent Security Claim?
When a person is hurt due to the action or inaction of someone else, they may be able to file a personal injury claim against that party. These types of lawsuits are usually based on a theory of negligence, or carelessness. A person is negligent if they fail to use the level of care that a reasonable person would use in a similar situation.
A special type of negligence involves claims related to security. If a person is physically attacked, they can hold the individual who hurt them liable for their injuries. They may also be able to pursue a claim against the property manager or owner who should have provided better security.
Negligent security cases can arise in a number of different ways. For example, imagine a situation where a person is jumped at a mall parking lot and is seriously injured. They later learn that criminals hurting people in the mall parking lot has been an ongoing issue, but the mall management never took steps to address it, such as by hiring extra security guards or adding lights and video cameras.
A property owner or manager can be negligent in many different ways, including by failing to:
- Hire security guards
- Perform background checks on employees
- Properly train employees (including security guards)
- Install adequate lighting
- Utilize basic security measures like working locks, security gates, and fencing
- Ensure adequate security to patrol an area
When an individual suffers an injury due to inadequate security, the property owner may be held responsible for damages. Injuries that are due to security negligence can be expensive to treat and may leave you unable to take care of your family for an extended period of time.
Some of the common types of injuries caused by lack of security include:
- Soft tissue injury
- Traumatic brain injury
- Back injury
- Spinal cord injury
- Fractures
- Gunshot wounds
- Knife wounds
- Psychological trauma
- Broken bones, including fractured skulls
- Dislocations
- Sexual assault
- Brain injuries
- Internal organ damage
- Blunt force trauma
- Paralysis
If you or a loved one has been injured on another’s property and believes that it is due to a lack of security, it is important to have your case reviewed by an attorney. Dealing with the physical and emotional stress of an injury is difficult enough and that is why we work diligently to see that our clients are compensated fully so that they can pay for their medical bills and other vital expenses caused by the injury.
What to Do if You Have Suffered an Attack
Commercial properties such as parking structures, banks, and malls should be secure and well-lit so that criminal activity is discouraged. When security measures are not taken it can result in serious injuries that are sometimes fatal. The family of an individual who has been wrongfully injured or killed due to negligent or absent security has the right to take legal action against the property owner.
The individual or people who attacked you may be arrested and prosecuted by law enforcement. However, even if these criminals are caught, you might not be able to get money for your losses from them. In many cases, people who harm others simply don’t have the money to pay for their victims’ injuries.
In these cases, you may be able to pursue a lawsuit against the property owner or manager who was responsible for ensuring that their guests were safe. Typically, you will need to prove that the at-fault party (defendant) owed you a duty of care, that they were aware of the problem, they failed to take action to prevent the problem, and you suffered injuries (damages) as a result.
The average person may not be aware of their legal options when it comes to a negligent security case. For example, if the handyman at your apartment complex breaks into your home and assaults you, it may not occur to you to file a lawsuit against the property manager. However, if the management company never performed a background check and did not discover that the handyman has a criminal record for sexual assault, you could hold them liable for your injuries.
Negligent security claims are often more complex than a typical personal injury case, such as a rear-end accident. It can be difficult to know what your rights are, and if you even have a case. During a free consultation with a Long Island negligent security lawyer, you will get a chance to tell your story and learn more about potentially filing a claim.
To win this type of case, you will typically have to prove that the risk of violent crime and other types of harm were foreseeable. This can often be demonstrated by showing that previous incidents happened on the property. Security experts may also offer their opinion that taking simple steps – such as having adequate lighting – may reduce the risk of violent crime. Your lawyer will investigate the facts of the case, look for patterns, and work with experts to establish a direct link between your injuries and the property owner’s actions.
For example, consider a situation where an amusement park has had a string of violent incidents involving teens, including a shooting. The amusement park owners could have instituted policies to reduce the risk of further problems – like requiring minors to be accompanied by an adult, hiring more security, and installing metal detectors at the entrance gates. They failed to do so because it would be expensive and they didn’t want to lose business. If someone gets hurt in another violent incident involving unaccompanied youth, the amusement park could be held financially responsible for their negligence.
Having a Long Island injury attorney handle your claim will greatly improve your chances of receiving the compensation amount that you are rightfully due. Studies show that people who are represented by counsel recover an average of 40% more than people who represent themselves in personal injury cases. It is important to remember that insurance adjusters can engage in strategies that could reduce your settlement to the least amount of compensation possible.
Compensation for Security Negligence and Injury Claims
The attorney you choose to represent you in your security negligence case will have a marked effect on the outcome. At The Odierno Law Firm, we have more than 45 years of experience in helping injured victims recover compensation for injuries that are the result of another’s careless, negligent, or reckless actions.
We understand what you are going through and have helped many injured individuals recover the financial resources that are needed to begin to rebuild their lives. The devastation that can be caused by an assault resulting from inadequate security can be extremely difficult to bear, especially when the injured realizes that his or her injuries could have been prevented had the property owner provided security to the premises.
In any personal injury claim, you may be entitled to financial compensation for all of your losses. This is typically broken down into three types of damages: economic, non-economic, and punitive damages. Economic and non-economic damages compensate an injury victim for their losses, while punitive damages punish someone who acted intentionally or recklessly. You can seek these damages against negligent property owners and managers based on unsafe conditions at:
- Malls
- Stores
- Shopping centers
- Amusement parks
- Banks, including ATM kiosks
- Parking lots and parking garages
- Hospitals
- Nursing homes
- Bars
- Nightclubs
- Dorms
- Apartment buildings
The key under New York premises liability law is to prove that the unsafe condition existed, that the property owner knew or should have known about it, and that it caused your injuries.
Economic damages pay for direct financial losses. They are often proven through documentation like bills, estimates, and invoices. Examples of economic damages include property damage, lost wages, reduced earning capacity, medical bills, and future medical expenses.
Non-economic damages pay for intangible losses. These damages are harder to prove but are just as important as economic damages. They may include money for pain and suffering, emotional distress, loss of enjoyment of life, scarring, and disfigurement.
As you might imagine, non-economic damages play a particularly large role in negligent security claims. These cases often involve a traumatic event, such as being held at gunpoint and robbed while getting money from the ATM. Any settlement or recovery that you receive should account for these losses and what you may experience as a result of the incident.
Insurance companies often try to downplay non-economic damages. They may offer you a settlement that doesn’t take into account the full scope of your losses. Having a Long Island negligent security attorney on your side is the best way to get the money that you deserve for your injuries.
Finally, in cases where the defendant acted intentionally or recklessly, you may be able to seek punitive damages. These damages are limited to situations where a person acted intentionally or recklessly (instead of just negligently). Punitive damages may be awarded in a case where a property owner knew that a danger was present, but decided to save money by not taking security measures – and you got hurt as a result.
If a person dies as a result of negligent security, their family members may seek compensation through a wrongful death lawsuit. This type of claim is filed by the executor of the estate of the deceased person. Surviving family members can recover money for funeral and burial expenses, loss of consortium, medical expenses, pain and suffering, and other losses.
Providing a property with proper security is a necessity, and not doing so puts the lives of innocent individuals at risk. You have a right to be protected while you are on another’s property.
Whether you were injured due to poor lighting or lack of lighting, lack of store security, not enough security, an unattended parking lot or construction site, broken locks or windows, lack of security cameras, or inadequate security at work, contacting an attorney at The Odierno Law Firm, P.C. can help you to understand your best course of action.
Hurt by Negligent Security? Our Law Firm Can Help.
No one expects to be physically or sexually assaulted. Unfortunately, bad and unwell people exist – and others can be hurt as a result. While an assault isn’t always preventable, there are situations where proper security could have reduced the risk of harm. If you were hurt in any type of physical attack that may have been avoided with better security measures, our lawyers can help you file a lawsuit against the property owner and other parties.
Based in Melville, New York, The Odierno Law Firm represents people who have been hurt in all types of accidents, including slip and falls, negligent security, and other types of premises liability claims. For each client, our goal is to recover maximum compensation for their injuries. To learn more or to set up a free initial consultation with a Long Island personal injury lawyer, give us a call at 631-994-3043 or fill out our online contact form. We never charge a fee unless we get money for you!
We are committed to getting you the compensation you deserve for the injuries you have sustained. We are determined to fight for you. We have a no-recovery, no-fee policy, so you don’t pay unless we win.
Dedicated To You
We are committed to getting you the compensation you deserve for the injuries you have sustained. We are determined to fight for you. We have a no recovery, no fee policy, so you don’t pay unless we win.
Why Us?
You Will Not Pay Us Unless We Win Your Case- Our Firm is Backed By Trial Success & Client Satisfaction
- We Will Review Your Personal Injury Claim For Free
- We Have Over 150 Years of Combined Legal Experience
You Will Not Pay Us Unless We Win Your Case