When we’re on another person’s property, we expect it to be free from apparent dangers and hazards. When property owners fail to keep their properties reasonably safe for guests and customers, innocent victims can become seriously injured by criminal attacks, including assaults. Victims of negligence in security accidents can suffer catastrophic injuries or even death.
If you or a loved one has been injured on another person’s property, you may have the right to pursue compensation through a negligent security lawsuit. The personal injury attorneys at Carden Dotzler Hammond, PLLC, are prepared to help you understand your legal rights and pursue the most favorable settlement possible in your case. Don’t hesitate to contact us and schedule a free case evaluation to learn more about your legal options.
What Is Negligent Security?
Many victims of criminal activities aren’t aware that property owners could be liable for their injuries. Under New York law, all property owners are responsible for keeping people reasonably safe from becoming seriously injured. Negligent security occurs when property owners fail to use reasonable care to prevent people from becoming hurt by criminal attacks on their property.
When property owners know or should know that criminal activity could reasonably occur on their property, they must take steps to prevent criminal activity to keep people safe. Common examples of negligent security include the following:
- A lack of security cameras and alarms
- A lack of security guards
- Untrained or negligent security guards
- Poor lighting in dangerous areas
- A lack of locks on doors and windows
- Broken or ineffective locks on doors and windows
Do I Have a Premises Liability Case?
Negligent security cases fall under the umbrella of premises liability cases. The best way to know whether you have a valid premises liability case is to speak to an experienced attorney. An attorney will be able to review the facts of your case and advise you as to whether he or she thinks you’ll be able to prove all the elements of a premises liability case and the potential value of your claim. You must prove that the property owner owed you a duty of care.
As long as you were on the property legally and not trespassing, the property owner likely owed you a duty of care to protect you from foreseeable injuries caused by dangerous conditions. You also need to show that the attack that caused your injuries was foreseeable by the property owner.
An example of a foreseeable crime would be a robbery at a retail location in an area with a high crime rate. If businesses close to the property had been targeted by robberies, it’s foreseeable that a robbery would occur. The property owner should know that customers are at a higher risk of being targeted by robbers and take adequate precautions to prevent them from injury. Finally, you’ll need to show that the property owner failed to make sure there was adequate Security on the property to prevent the attack and your injuries.
Injuries Caused by Negligent Security
Physical attacks can cause devastating and long-lasting injuries, including, but not limited to, the following:
- Paralysis
- Broken bones
- Chest injuries
- Soft tissue damage
- Organ damage
- Catastrophic injuries
- Spinal cord damage
- Traumatic brain injuries (TBI)
- Post-traumatic stress disorder (PTSD)
- Back injuries
- Head and neck injuries
Some physical attacks can even lead to fatal injuries. If your loved one was killed in a violent attack on another person’s property, our wrongful death attorneys will fight to pursue Justice for your loved one. Although nothing can bring your loved one back, pursuing a wrongful death lawsuit can help you and your family recover compensation for your loved one’s funeral expenses and other damages.
Proving Liability in Negligent Security Cases
Recovering compensation after being injured due to negligent security can be challenging. Two main ways to recover compensation include a personal injury lawsuit and an insurance claim. In both cases, you will need to prove that the property owner is liable, or financially and legally responsible, for your injuries.
Even when property owners have insurance that could cover expenses related to your injuries, they may try to avoid accepting fault. The insurance adjusters may claim that you were at fault for the accident or that the accident isn’t covered under the property owner’s insurance policy.
Before providing a recorded statement to the insurance company, speaking to your attorney is important. At Carden Dotzler Hammond, PLLC, we will handle every aspect of your case, including all communications and negotiations with the insurance company. We will carefully investigate the circumstances of your case and determine which party or parties can be held liable for your injuries. Victims of negligent security may be able to hold the owners of the following types of property responsible:
- Apartment landlords
- Bars and clubs
- Business owners
- Shopping centers
- Hospitals
- Parking lots
- Local transportation authorities
- Government entities
- Banks and other financial institutions
Compensation Available in Negligent Security Cases
A serious injury can have a devastating financial toll on a victim and their loved ones. Your medical bills may be just the tip of the iceberg, especially if you cannot work. Carden Dotzler Hammond, PLLC has the resources necessary to work with financial medical experts to determine the total value of your claim and pursue the most compensation possible. A comprehensive settlement award for a negligent security injury should cover all of your current and future financial losses, including the following:
- Current and future medical bills
- The cost of rehabilitation and physical therapy
- Nursing care
- Modifications to adapt your home
- Lost wages
- Loss of earning capacity due to disability
- Pain and suffering
- Diminished quality of life
- Emotional trauma
- Property damage
Contact Our Experienced Personal Injury Attorneys in Syracuse & Central New York
When a property owner’s negligent security practices result in injuries, victims can pursue compensation through a personal injury lawsuit. The personal injury attorneys at Carden Dotzler Hammond, PLLC are prepared to help you recover the most compensation possible. We only charge legal fees once we reach a settlement or verdict for our clients. Contact Carden Dotzler Hammond, PLLC, to schedule a complimentary case evaluation.
Carden Dotzler Hammond, PLLC represents clients in Syracuse, Central New York, and in the following towns and villages of Onondaga County: Camillus, Cicero, Clay, Dewitt, Elbridge, Geddes, Manlius, Marcellus, Onondaga, Salina, Skaneateles, Baldwinsville, East Syracuse, Fayetteville, Jefferson County, Liverpool, North Syracuse, and Solvay.