Staten Island Negligent Security Lawyer 

Injured in a Hotel? In Your Apartment Building? At an Event? Call Our Staten Island Negligent Security Lawyer for Help

In an ideal world, we would all feel safe and secure in our daily lives, whether at home, work, or while enjoying leisure activities. However, the reality is that crime can occur anywhere, and property owners have a responsibility under New York law to take reasonable measures to protect visitors from foreseeable criminal acts. This includes providing certain basic protections like correctly locking doors and windows, security lights, cameras, and other reasonable security measures when the situation calls for it. When land owners, property maintainers, or tenants fail to do so and an innocent person is hurt, a Staten Island negligent security lawyer should be called.

Here at the O’Connor Injury Law, our skilled legal team knows that negligent security cases are different types of cases because they involve, in part, the criminal conduct of a third-party. It is often hard to prove liability for a third-party’s intentional and illegal actions like a crime, but it can be done with quality representation. This often requires hiring a personal injury lawyer who can aggressively investigate the circumstances before an incident, including demanding certain documents in discovery and ensuring a client’s rights are well-protected. Thus, if you or a loved one were injured in any type of incident involving a crime, you may be entitled to compensation under New York law and should call our Staten Island negligent security lawyer to schedule a free consultation.

What is a Negligent Security Case?

Negligent security cases fall under premises liability law, meaning that they arise from the use and occupancy of real property. These types of cases can occur in various settings, including apartment complexes, hotels, shopping centers, bars or restaurants, banks or ATMs, hospitals, nursing homes, schools and college campuses, parking lots, entertainment venues, and other areas. These cases are particularly relevant in urban areas like Staten Island, where crime rates, although declining, remain a concern for many residents and visitors who come to our area for work or leisure.

Due to this, negligent security cases are those which seek to hold defendants responsible for failing to provide adequate security measures to protect visitors from foreseeable criminal acts. A defendant could be one of many parties, or even a combination of parties, including property owners, maintainers, tenants or others. Indeed, a defendant in a negligent security case could be anyone who was responsible for or otherwise in control of the premises where a victim was injured.

Elements to Prove a Negligent Security Claim

Generally, to establish a negligent security claim under New York law, victims must establish each of the following elements of a common law negligence claim against each defendant:

• Had a duty to provide security
• Breached that duty
• Such breach of duty was a substantial factor in causing the victim’s injuries; and
• That the victim suffered injuries or damages.

It is important to note that defendants are not expected to prevent all possible crimes. Instead, they are required to take reasonable steps to mitigate foreseeable risks based on factors such as the property’s location, crime history, and the nature of the business conducted on the premises, as well as whether simple precautions are taken.

Common Examples of Negligent Security Claims 

There are many possible examples of negligent security claims, and most can occur in any type of venue in Staten Island or around the five boroughs. But there are some specific examples that are unique to certain properties and venues which all individuals should be aware of. It is further important that businesses who are renting a space should also know about these potential issues to ensure that they are complying with their obligations under the law to protect their workers. The same is true of tenants in an apartment complex so that they can protect themselves, their family, and their guests, by ensuring their landlord is aware of security issues.

Some of the most common locations for a negligent security claim include the following:

Hotels and Motels

Hotels and motels have a heightened duty to protect their guests, who are often unfamiliar with the area and rely on the establishment for their safety. This includes not only for guests who are staying overnight, but also guests who may be using the hotel’s conference rooms or other amenities for business purposes.

Examples of negligent security in hotels and motels may include the following:

• Lack of proper locks on doors and windows
• Inadequate lighting in hallways, stairwells, and parking areas
• Failure to monitor security cameras or maintain a visible security presence
• Allowing unauthorized individuals to access guest floors
• Failing to call law enforcement when individuals are engaging in crime on or near the premises, including where a hotel or motel ignores criminal activity (i.e., drug sales from a room)
• Ignoring guests’ complaints for possible criminal conduct
• Failing to increase security after repeated incidents
• Improper hiring, supervision, training, and other monitoring of employees who then commit crimes against guests, and
• Other conduct that could increase the risk of third-party criminal conduct to guests.

Event Venues and Nightclubs

Large gatherings at event venues and nightclubs can create opportunities for criminal activity if proper security measures are not in place. These facilities cannot ignore security, especially when they serve alcohol, and are required to have certain security in place to monitor rowdy guests and to protect other patrons. Negligent security at these locations may involve the following:

• Insufficient crowd control measures
• Inadequate screening of patrons for weapons
• Failing to contact law enforcement when there is an ongoing problem or when there are threats to the facility
• Failure to hire and train competent security personnel
• Overcrowding beyond safe capacity limits
• Delays in reacting to fights or criminal activity, including outright ignoring criminal activity
• Not securing entries and allowing for alternative ways for people to get in without going through checks
• Failing to respond to complaints or delays in calling for law enforcement
• Not having locks on windows and doors
• Excessive serving of alcohol to patrons who should not be allowed more
• Failing to monitor and ensure bathrooms remain safe, and
• Other criminal conduct that could occur and cause injuries to guests.

Bars and Restaurants

Establishments serving alcohol have an additional responsibility to prevent alcohol-related violence and ensure patron safety – especially guests that are using attached facilities, such as when hotels are attached to the bar or restaurant. Negligent security in bars and restaurants may include many of the following acts like events and nightclubs above, but also involve the following:

• Failure to remove visibly intoxicated or aggressive patrons
• Lack of trained security staff during peak hours
• Inadequate lighting in parking lots or outdoor areas
• Failure to intervene in escalating conflicts between patrons
• Delays in calling law enforcement for issues
• Ignoring criminal conduct, including drug activity, drug drinks (“roofied”), sexual harassment or sexual assault, assaults, and other related conduct, and
• Any other third-party criminal behavior that results in serious personal injuries to a third party that could have been reasonably prevented.

Apartment Buildings and Residential Complexes

Residents of apartment buildings and complexes have a reasonable expectation of safety in their homes for them and their guests. Unfortunately, some landlords and property management companies fail to timely respond to resident requests to repair issues – and some completely ignore or fail to respond at all.

Our Staten Island negligent security lawyer knows that there could give raise to negligent security issues, which could include the following:

• Broken or malfunctioning locks on building entrances or individual apartment doors
• Lack of security cameras in common areas or near entrances
• Failure to conduct background checks on employees with access to apartments, including maintenance crews
• Inadequate lighting in parking lots, stairwells, and hallways
• Failing to keep solicitors or unauthorized people from the premises, especially from using inside facilities or loitering inside
• Delays in calling for law enforcement
• Allowing tenants to knowingly harbor an aggressive or vicious dog that is a danger
• Ignoring complaints that tenants may be engaging in criminal activity in their apartments and risking others, and
• Otherwise engaging in other conduct that fails to keep tenants reasonably safe under the circumstances.

Malls, Shopping Centers and Retail Stores

Commercial properties such as shopping centers and retail stores attract large numbers of visitors and can be targets for criminal activity, including robberies, assault, and other conduct. Examples of negligent security in retail establishments include the following:

• Insufficient security personnel during high-traffic periods, especially when customers are purchasing and loading in valuable items
• Lack of surveillance cameras in parking areas and entrances or exits
• Failure to respond to recurring criminal incidents
• Inadequate lighting in isolated areas of the property, especially in the parking lot
• Delays in calling law enforcement for help
• Failing object loiters or non-customers who are just aimlessly hanging out on the premises and could engage in criminal activity, and
• Other conduct that could result in serious personal injuries to customers that could have been preventable.

Legal Options for Victims of Negligent Security in Staten Island

If you or a loved one have been injured due to inadequate security measures in any of the above-references places, or on any other property in New York, you may have legal options to seek compensation for your damages including for conscious pain and suffering, medical bills, lost wages, and other damages.

With the help of an experienced Staten Island negligent security lawyer, these options include the following:

• Negotiating a settlement with the responsible party and their insurance company or companies
• Pursuing alternative dispute resolution methods such as mediation or arbitration
• Filing a personal injury lawsuit against any party that may be liable for your personal injuries and other damages, including the owner, tenant, management company, security team, or another party that was responsible for the premises

Injured During the Commission of a Crime? You May be Entitled to Compensation under New York Law with the Help of Our Staten Island Negligent Security Lawyer

Negligent security cases highlight the critical importance of property owners taking reasonable steps to protect innocent parties from foreseeable criminal acts or preventable harm. Whether you are staying at a hotel, attending an event, or simply walking through a parking lot, you have the right to expect a certain level of security. This expectation is heightened in your place of work or residence, where failures to keep doors, windows, and their locks in door working order could result in catastrophic harm to innocent people.

If you or a loved one has been injured due to inadequate security measures anywhere in Staten Island, it is essential to understand your legal rights and options by consulting with an experienced Staten Island negligent security lawyer such as ours at the O’Connor Injury Law. We offer free consultations and case evaluations, and we can help victims and their families recover the compensation that they need and that they deserve under New York law. To learn more, schedule an appointment by dialing (866)-927-3809 or by sending us an email through our “Contact Us” box available here.

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