Can You Recover If You Were Attacked On A Property With A Poor Security?

Under New York law, property owners must provide security in certain circumstances to ensure the safety of visitors and residents. This rule is known as “premises liability” law and it applies to many types of circumstances.

Examples of negligent security claims under premises liability law include:

• Getting attacked in a poorly lit parking garage.
• Being assaulted and robbed outside an ATM without security cameras.
• Sustaining physical injuries after a fight in a nightclub or stadium without security guards.
• Having injuries following an attack at a hotel or apartment due to inadequate fencing, locks, or poorly maintained doors and windows.

Negligent security claims are different from criminal charges. This type of claim is brought in civil court by a New York personal injury lawyer,  seeking monetary damages from a property owner to compensate you for your injuries.

Each case is different and different businesses and property owners may have different obligations to provide security measures to the public. Having been attacked or injured at a business does not entitle you to damages.

One thing a court will look at is the safety of the area where you were attacked. Businesses in higher crime areas must take more precautions because it is more foreseeable that safety is an issue there. Reasonable safety measures that business sometimes do not take include:

• Adequate lighting
• Security cameras
• Guards on site
• Adequate number of guards on site
• Adequate training of guards
• Proper maintenance of locks, windows and doors
• Adequate number of fences, locks, and alarm systems

If you have been injured following an attack in an area without proper security, contacting a personal injury lawyer will ensure that your claim is properly handled. In New York City there are many security codes that a building may have to follow. If a building is not in compliance with these codes, it could help your case. If you have a valid claim, you will likely need an expert witness in security to testify at trial to whether the business owner took reasonable safety measures.