All landowners across New York State have a legal obligation to keep their property reasonably safe for any lawful visitors. This “duty of care” includes keeping visitors safe from criminal activity in certain situations. When a property owner or manager fails to fulfill this duty by not providing sufficient security on their property, and you sustain physical harm through criminal behavior, you may have grounds to file suit over their negligence.
These types of claims can be incredibly complex and may require substantially more evidence than a typical premises liability case, which makes assistance from a seasoned attorney all the more crucial to achieving a favorable result. A Williamsville negligent security lawyer from our team can work tirelessly on your behalf to establish liability for your injuries, demand fair restitution for your losses, and navigate legal and procedural obstacles which might get in the way of recovery.
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What Counts as Negligent Security?
Notably, property owners around New York are not automatically liable for any criminal act on their property, even one that directly causes physical injury to a lawful visitor or tenant. Instead, liability in this context stems from a landowner’s failure to take reasonable care of their property. In other words, their failure to take precautions that any reasonable person would have taken to prevent a specific type of crime from occurring.
Central to this sort of case is the concept of “foreseeability,” or the degree to which a landowner knew or should have known that a particular crime might occur on their land and should have taken steps to prevent it. Foreseeability can be established in various ways, including local crime statistics, news reports, and past criminal acts known to have occurred on or around the same property. Negligent failure to account for a foreseeable crime can look like some or all of the following:
Failure to install surveillance cameras in garages, hallways, or other high-traffic areas
Broken or poor exterior lighting
Failure to replace locks when a new tenant moves into an apartment
Lack of fencing
Broken windows or doors
Lack of security guards and/or alarms
A Williamsville negligent security attorney can provide irreplaceable help determining whether a specific situation might justify a claim.
Filing Deadlines for a Negligent Security Claim
Just like any other premises liability claim, a successful negligent security claim can demand restitution for both economic and non-economic losses caused by an injury sustained through a criminal act, including:
Medical expenses
Lost or damaged personal property
Lost work income and/or ability to work
Physical pain and suffering
Psychological trauma and anguish
Lost enjoyment of life
However, as per New York Civil Practice Law and Rules § 214, any prospective plaintiff has only three years after getting hurt to either file suit themselves or have a negligent security lawyer in Williamsville do so for them. Failures to meet this statute of limitations will likely result in the injured party being “time-barred” from getting any compensation whatsoever. It is important to note, that there are some circumstances where this timeline is much shorter, such as when a municipality owns the property.
Talk to a Williamsville Negligent Security Attorney About Your Legal Options
Lack of sufficient security can be the basis for an injury claim when a criminal act occurs that otherwise could have been prevented through reasonable safety measures. If you want a fair shot at getting a positive outcome from this sort of case, you should think twice before trying to file by yourself.
Instead, seek representation from a seasoned Williamsville negligent security lawyer who knows from past cases how to handle yours proactively and efficiently. Call Richmond Vona, LLC today for a free consultation with a dedicated member of our team.
With over 25 years of combined personal injury experience, our co-founding attorneys, John E. Richmond and Keith R. Vona, have helped injury victims and their family members recover more than $150 million in financial relief.
John E. Richmond
Co-Founding Member
As one of New York’s top personal injury attorneys, John E. Richmond understands that clients come first. With over a decade of experience representing plaintiffs, he knows how to hold negligent corporations and big insurance companies liable.
In his nearly 15 years in practice, Keith has been consistently recognized for his client service and record of results. He has been selected for inclusion in the New York Super Lawyers® Rising Stars list four times (2013 to 2016), an honor reserved for the top up-and-coming attorneys.
