If you have been hurt by criminal conduct on another party’s property, you may be entitled to damages from the owner or proprietor under the theory of negligent security. To find out if you have a claim, you can consult the slip and fall lawyers at The Cassisi Law Firm. We have represented numerous injured individuals in Queens and the surrounding areas, including the Bronx, Brooklyn, and Nassau and Suffolk Counties. Our staff takes pride in helping accident victims assert their rights to the compensation they deserve.Negligent Security Cases Arise from Criminal Conduct
Premises liability law holds that when a proprietor is aware or should be aware of a hazardous condition on its property and fails to take protective measures, it is liable for any injuries that arise as a result. A special type of case in this area can arise when an individual is harmed by a third party in a situation when a landowner or proprietor should have prevented such an act.
General negligence law states that a defendant is liable to an accident victim if it had a duty of care to the injured person, the defendant breached that duty, the breach caused an injury, and the victim incurred quantifiable damages. In the context of premises liability, all landowners have a duty to those invited onto their property to keep them free of unreasonable risks from known hazards, such as open ditches, wet floors, or uneven steps. The landowner must take protective measure like repairing the dangerous area, cordoning it off, or putting up a warning. Failure to do so may give rise to liability for any injury arising from the condition.
Negligent security is an extension of this law. If a landowner or proprietor knows or should know that there is an appreciable risk that a person can be harmed by someone else on its property, it has a duty to provide adequate security to prevent the harm. Negligent security liability does not arise every time someone is hurt by the conduct of a third party. Only if the criminal act is foreseeable has a duty been violated on the part of the landowner. In other words, if the landowner is aware that this conduct is likely to occur, it may have a duty to reduce the risk of it.
Frequently, negligent security cases can arise in facilities or areas where criminal conduct or a risk of harm from third parties is prevalent or has happened before. These may include parking garages and lots open late at night, bars, apartment buildings and complexes, motels, college campuses, and workplaces.
To prevail in this type of claim, the victim must show that the criminal conduct was foreseeable and that the measures taken by the proprietor were inadequate to prevent the harm. For example, an individual may claim that the landowner:
- Provided inadequate lighting or failed to maintain lighting;
- Failed to provide adequate security patrol when warranted;
- Provided insufficient or faulty security locks on gates, doors, or fences;
- Failed to adequately place or monitor security cameras;
- Failed to respond to a security breach; or
- Failed to provide adequate warnings of known risks.
Negligent security cases arising from crimes near Queens are not always easy to establish, but experienced premises liability attorney John Cassisi and his staff at The Cassisi Law Firm can assist you in evaluating the merits of your potential case. To set up a free, confidential consultation to find out if you may have a claim, contact us at (718) 441-5050, or use our contact form on this website.