Negligent Security Lawyer
Long Island personal injury lawyers fighting for the rights of robbery & assault victims in Nassau, Suffolk and all five boroughs of New York City.
New Yorkers who suffer harm due to another party’s criminal act should consult a Long Island personal injury lawyer at Edelman, Krasin & Jaye as soon as possible to ensure protection of their rights. When such an injury occurs on the premises of a business, the victim may be able to recover compensation from the business owner. New York law requires business owners to protect patrons against crimes that others commit on their premises. So-called “Negligent Security” lawsuits can be brought when a business knows or should have known that harm was likely, but failed to take proper steps to prevent it.
Negligent security law in New York is complicated and highly technical. That is why consulting an expert Long Island premises liability attorney at Edelman, Krasin & Jaye is so important. Our legal team will work with victims to discover exactly what happened and who is responsible. Then we advise those who are injured whether to file a lawsuit to recover compensation for their losses. In complex situations where people have been seriously injured, we can provide the guidance they need to move on with their lives.
What constitutes negligent security?
Negligent security cases include a wide array of circumstances.
Negligent security lawsuits in NY may arise from:
- Attacks in parking lots and garages
- Robberies at the ATM
- Assaults at nightclubs
- ATM robberies
- Shopping mall fights
- Rapes in dorm rooms or motels
- Theatre and stadium violence
- Confrontations in elevators and stairways
Recent negligent security incidents
Circumstances that lead to potential negligent security lawsuits are described in the news virtually every day. In one incident, a retired NYC firefighter was attacked outside Yankee Stadium by two drunken fans. Yankee security personnel had earlier escorted the fans back to their seats after they provoked an argument with the firefighter inside the stadium. Once the game ended, the two assaulted the firefighter on the sidewalk outside. Again, it isn’t clear whether the Yankee organization or its security force provided proper protection under the circumstances.
Negligent security may contribute to a variety of crimes:
- Violent confrontations at sporting events appear to be on the upswing. When alcohol is added to intensely competitive sporting events, emotions can run high. Arguments can become assaults, leading to serious injuries.
- Thousands of women suffer sexual assaults every year in parking lots and garages. Did the facility’s owners provide adequate lighting and other security measures?
- Mass shootings seemingly take place on every news cycle at theatres, universities, shopping malls, and grocery stores. The headlines are all too familiar: “Shooter kills dozens at midnight movie premiere.” “College student shoots classmates and teachers in multi-building rampage.” “Elected official, constituents gunned down outside supermarket.” Did parties responsible for security at these venues neglect their duty to keep people safe?
Edelman, Krasin & Jaye’s veteran personal injury lawyers can help victims of such tragedies and their families throughout New York City and Long Island. Our team investigates the incident thoroughly, establishes whether the business owner provided protective measures, and determines whether the business was negligent in providing security to customers. Then we use our expertise to ensure that you recover all the compensation that you are due, whether we settle the case before trial or fight on through to the jury’s verdict.
Negligent security law in the state of NY
For hundreds of years the law held that businesses were not responsible for the safety of their patrons and visitors. Courts reasoned that, for example, a business could not guarantee its customers that a tornado would not strike while they were on the premises. With the Industrial Revolution came a recognition that certain businesses, such as hotels and railroads, had assumed a special duty to protect the security of their customers.
The law continued to evolve during the 20th century. Property owners began to be found responsible for the safety of their tenants while in common areas such as stairways and elevators. The reasoning was that landlords knew or should have known that assaults were likely, especially in high-crime neighborhoods; thus the landlords should have hired security guards, installed stronger locks, or taken other protective measures. Similar reasoning applied to schools, hospitals, libraries and comparable facilities.
New York courts require a business owner to use reasonable care to protect patrons on its property, including controlling the actions of third parties when the business has the opportunity to control those persons and are aware of the need for such control.
If the business could not have foreseen the attack, the injured person cannot obtain compensation for his or her losses. Thus, for example, a person injured in an assault at a children’s dance studio could not recover for her injuries, because the studio owners could not reasonably have anticipated an attack. On the other hand, bar owners can be held responsible for injuries on the premises because, as one New York court put it, “It is not unknown for fights to occur in nightclubs where alcohol is served.”
Speak with a premises liability lawyer Long Island trusts
Given the complexity of these rules, it is especially important for victims to seek assistance from attorneys with expertise in premises liability and negligent security lawsuits. At Edelman, Krasin & Jaye, our trained investigators and medical experts will establish the injury’s causes, evaluate the resulting losses, and help determine who is responsible.
If you have been victimized by a crime committed on a company’s premises in Nassau, Suffolk, or anywhere in the five boroughs of New York City, we encourage you to contact us today for a free, no-obligation consultation. We charge no fee unless you have been compensated for your losses – that’s why our client’s success is our success.
- Steven C. Minson, “A Duty Not to Become a Victim: Assessing the Plaintiff’s Fault in Negligent Security Actions,” 57 Wash. & Lee L. Rev. 611 (2000), http://scholarlycommons.law.wlu.edu/wlulr/vol57/iss2/9
- Buckeridge v. Broadie, 2004 Slip Op. 02281, 5 AD 3d 298 (App. Div. 2004), http://www.nycourts.gov/reporter/3dseries/2004/2004_02281.htm
- Haber v. Precision Security Inc., Slip Copy 24 Misc.3d 1229(A), 2009 WL 2357734, 2009 N.Y. Slip Op. 51667 (Sup. Ct. 2009), http://www.newyorkinjurycasesblog.com/uploads/file/Hacker%20v_%20Precision%20Security.pdf
- NY Post, “Off-duty cop nearly beaten to death in brawl,” November 17, 2013, http://nypost.com/2013/11/17/off-duty-cop-nearly-pummeled-to-death-in-bar-brawl/
- NY Post, “Retired firefighter assaulted at Yankee game by former minor leaguer,” May 15, 2012, http://nypost.com/2012/05/15/retired-firefighter-assaulted-at-yankee-game-by-a-former-minor-leaguer/