What is negligent security? Negligent security is a liability law that involves a third party’s responsibility to provide adequate security so that visitors on their property do not suffer injuries or wrongful death as a result of a violent crime. These third parties are often commercial property owners (apartment complexes, bars, nightclubs, movie theaters etc.) and institutions like universities.
When Do Negligent Security Issues Occur?
Owners of commercial and residential property have a simple legal responsibility: keep visitors and residents safe. Obvious steps, like having working padlocks and adequate lighting in dark spaces, can make all the difference. But every year, thousands of Americans are assaulted, robbed, raped, shot, and stabbed in places where they have every right to expect adequate security.
Property owners who fail to provide safe premises can be held accountable for their negligence. By filing civil lawsuits, victims can begin putting back the pieces of a life shattered by violent crime.
In New York City, five of the seven major felony offenses often occur in locations where security is considered of utmost importance. These five offenses include robbery, burglary, assault, rape, and murder.
Common Places Where Owners Have A Duty To Provide Security
The landlords of apartment buildings in New York are required to install specific locks and maintain certain levels of security, such as background checks on other tenants and staff, to provide protection to their renters.
To learn more about crimes that give rise to a negligent security lawsuit in apartment buildings, click here.
Malls and Stores
Malls and independent stores can be dangerous places due to the fact that any member of the public may come onto the premises. Security and monitoring are therefore of the utmost importance.
To learn more about negligent security in malls and stores, follow this link.
Parking Lots and Parking Garages
The dangers of parking lots are well known – this is why Hollywood often chooses a parking lot or parking garage as the location for a violent crime in movies. Parking lots and garages offer ample hiding spots for criminals lying in wait for their next victim. Parking lot owners have a responsibility to ensure their patrons are kept safe as they enter and exit the lot.
For more information on negligent security in parking lots, look here.
Hotels and Motels
Hotels and motels are seen as a home away from home, where a guest can relax while on a business trip or vacation. New York law has mandated several security measures for the owners of these establishments. Still, negligent managers and owners cut corners to save money and as a result, guests can suffer from a lack of security.
For more information on negligent security in hotels and motels, click here.
Schools, Colleges, and Universities
Education is widely considered one of the most important factors in a child or young adults life. While on school property, it is the duty of the school officials to maintain a safe environment.
For more information on negligent security in schools, colleges, and universities, follow this link.
Nightclubs and Bars
Every night of the week people flock to nightclubs and bars to hang out with friends and enjoy a drink. While most people use this setting to relax, it is a well known fact that the consumption of alcohol can greatly change a person’s mood or behavior, which can result in a violent interaction. Sadly people often become victims of assaults that occur in nightclubs and bars.
For more information on negligent security in nightclubs and bars, click here.
Examples of Successful Lawsuits
A Rape At A Shopping Mall
In a lawsuit against Interstate Properties, a female employee was forced at gunpoint into a car in a mall parking lot after closing up. Her attacker then proceeded to rob and rape her.
The plaintiff alleged that the mall failed to provide adequate security in the parking lot. During the investigation, it was determined that there had been a large number of other crimes committed in the same area and the head of security had requested four new guards to patrol the area. He was given permission to hire one, and that one guard did not show up to work the night the plaintiff was attacked.
The mall settled with the plaintiff for $350,000.
A Nightclub Shooting
In a lawsuit against Nayarit Restaurant and Night Club, a female patron was shot in the nightclub parking lot. Her injuries were extensive and her spinal cord was damaged which left her paralyzed.
It was determined that because the nightclub advertised the property as a safe environment, it was liable for the victim’s injury. This lawsuit also settled out of court for $7 million dollars.