How to Prove Negligent Security in a New York Premises Liability Case

How to Prove Negligent Security in a New York Premises Liability Case

New York property owners and businesses must take reasonable steps to prevent accidents and crimes from happening on their premises. When property owners fail to implement adequate security measures, customers and visitors may fall victim to violent crime or other harm.

If you or a loved one has been hurt on someone else’s property as a result of inadequate security, you may be able to hold the business or property owner liable for what you have suffered. However, proving negligent security after an incident is not always a straightforward process.

In this article, we will consider various examples of inadequate security in New York premises liability cases. We will then discuss what is needed to prove negligent security and pursue a valid claim.

What Is Involved in Adequate Security in New York?

Under premises liability law, businesses and property owners in New York must take reasonable measures to ensure the safety of visitors and customers. It is the property owner’s duty to assess the potential for criminal activity on his or her premises and then take adequate steps to prevent it.

The extent of reasonable security measures needed depends much on the type of property and where it is located. Anti-crime measures that might be adequate for one location may not be enough for an area with a higher risk or history of violent crime injuries.

Vigilant property owners can provide adequate security in a number of ways:

• Exterior security: Property owners should have effective security measures and policies in place outside the premises.

• Interior security: Property owners also need to enact reasonable security measures and procedures inside the building.

• Employee security: Employers and business owners should conduct reasonable background checks on prospective employees. Additionally, employees should be adequately trained to recognize and address security issues.

• Administrative obligation: Property and business owners should implement a system for collecting and reporting any criminal activity on or near the premises.

A property owner has a legal obligation to exercise reasonable care in protecting guests, customers, and employees from foreseeable harm. If he or she fails to take sufficient security measures, a negligent security claim may help you get the restitution you deserve after an injury.

Examples of Negligent Security in New York

Statistics show that New York City saw approximately 80 felony assaults each day in 2024. Sadly, a number of these and other crimes could have been avoided had adequate security measures been implemented.

Examples of insufficient or negligent security include:

• Inadequate lighting
• No alarms
• Faulty gates and broken locks
• Broken or defective security cameras
• Lack of camera surveillance
• Improperly secured entrances and exits
• Failure to monitor security and surveillance systems
• Failure to warn about known hazards
• Inadequate resources for crowd control
• Blocked emergency exits
• Lack of security guards or insufficient training for security personnel
• Failure to properly screen visitors or employees

Security breaches in public places are a serious matter. Negligent security cases bring awareness to the property owner or manager’s responsibility to maintain the property and keep it safe for visitors. When such cases are brought forward, this can cause more property owners to take the necessary steps to ensure that their property is safe.

Common Locations Where Inadequate Security Is a Concern

In reality, a crime resulting from inadequate security measures can happen almost anywhere. That said, high-traffic areas and places where crowds gather typically require more extensive security. At the same time, the lack of security measures is a concern in places where potential victims may be found alone.

Locations in which negligent security liability more frequently arises include:

• Parking garages and parking lots
• Stores and shopping malls
• Office buildings
• Apartment complex
• Theaters, arenas, and sports stadiums
• Schools, universities, and daycare facilities
• Bars, clubs, and restaurants
• Hospitals and nursing homes
• Parks and amusement parks
• Airports, train stations, and bus stations
• ATM kiosks

In instances in which inadequate security measures led to a personal injury, you may have a premises liability case against the negligent property owner. You may be able to pursue compensation for medical expenses, lost wages, psychological distress, and other harms resulting from the incident.

An experienced premises liability lawyer will work to gather evidence and establish the facts of your case to hold all responsible parties accountable for your losses.

Proving Liability in a New York Negligent Security Claim

To successfully resolve a New York negligent security claim, the victim must prove that the property owner, business owner, or another potentially liable party failed to provide adequate security. You will need to show that the injury could have been prevented had reasonable security measures been in place.

A successful negligent security claim based on New York laws will establish foreseeability. In other words, the party with the legal duty to provide adequate security on the premises either caused the hazard or knew to expect it yet failed to address the situation, resulting in your injury.

As previously stated, property owners have a legal obligation to take reasonable precautions to protect visitors from unsafe conditions and foreseeable crimes. When they fail to do so, a well-practiced premises liability attorney can go to bat for you. A good lawyer can put New York’s premises liability laws to work on your behalf – helping you prove negligence and get the restitution you deserve.

Contact New York Premises Liability Attorneys for the Help You Need

After suffering a violent crime or other harm in New York City, you are likely reeling physically, emotionally, and financially. Realizing that negligent security led to the incident can be all the more devastating. This is no time to work alone.

The professional and compassionate personal injury lawyers at Hill & Moin LLP are the advocates you need after suffering the trauma of a negligent security accident. With more than 60 years of combined experience, our legal team is well-versed in all matters of New York premises liability cases – including those involving inadequate or negligent security.

At Hill & Moin LLP, we offer our clients Personal Injury Recovery Solutions® that work. Our dedicated and results-oriented lawyers can give you the confidence needed to pursue your legal remedies for fair compensation after an injury. Call us today at (212) 668-6000 or fill out our online contact form to schedule a free consultation. 

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