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OVER 75 YEARS OF LEGAL EXCELLENCE IN PERSONAL INJURY LAW

Negligent Security Lawyer

At Kelner & Kelner, we understand that feeling safe in New York City is a fundamental right, whether you're visiting Times Square, residing in a Manhattan apartment building, or working in a Brooklyn office complex. When property owners and managers fail to provide adequate security measures, leading to assaults, robberies, or other violent crimes, our negligent security lawyers stand ready to help victims seek justice and compensation.

Free Consultation - Act Now

Injured in NYC? Contact Kelner and Kelner today at (212)-425-0700 or through our website.

How a Negligent Security Lawyer Can Maximize Your Compensation

Negligent Security Lawyer

At Kelner & Kelner, we understand that victims of crimes caused by inadequate security measures deserve maximum compensation for their suffering. Our negligent security lawyers have developed proven strategies to ensure our clients receive the full value of their claims. Here's how we work to maximize your compensation:

  • Immediate Documentation: Our negligent security attorney team begins collecting evidence immediately after you contact us, preserving crucial security footage, incident reports, and witness statements before they disappear.
  • Comprehensive Security Assessment: We thoroughly evaluate all security failures, from broken surveillance cameras to inadequate lighting, documenting every deficiency that contributed to your incident.
  • Medical Evidence Collection: Our negligent security lawyer coordinates with your healthcare providers to obtain detailed documentation of injuries, treatments, and projected future medical needs.
  • Crime Pattern Analysis: We research local crime statistics and previous incidents at the property, strengthening your case by demonstrating the property owner's awareness of security risks.
  • Economic Impact Calculation: Our negligent security attorneys work with financial analysts to determine the full economic impact, including lost wages, medical expenses, and reduced earning capacity.
  • Professional Network Utilization: We collaborate with security consultants, medical professionals, and economic experts who can provide compelling testimony about your case's various aspects.
  • Insurance Negotiation Strategy: Our negligent security lawyer team develops comprehensive settlement demands that account for all current and future damages, preventing undervaluation of your claim.
  • Property Owner Investigation: We conduct thorough research into the property owner's security practices, maintenance records, and response to previous incidents or complaints.
  • Quality of Life Documentation: Our negligent security attorneys gather evidence about how your injuries have impacted your daily life, relationships, and ability to enjoy normal activities.
  • Future Needs Assessment: We project long-term costs for ongoing medical care, rehabilitation, psychological treatment, and necessary security improvements to your living situation.
  • Settlement Timing Optimization: Our negligent security lawyer team strategically times settlement negotiations to maximize leverage and ensure full compensation for all damages.
  • Trial Preparation: We prepare every case as if it will go to trial, strengthening our negotiating position and ensuring readiness if court proceedings become necessary.
  • Psychological Impact Evidence: We document mental health effects through professional evaluations and testimony about trauma, anxiety, and other psychological consequences.
  • Security Standard Compliance: Our negligent security attorneys analyze local building codes and industry security standards to demonstrate when property owners fell short of requirements.
  • Damages Documentation: We maintain meticulous records of all expenses, from medical bills to transportation costs, ensuring no damage goes unclaimed in your case.

Financial Compensation You Might Be Entitled To After an Injury Due To Negligent Security

As your negligent security attorney team, we work diligently to secure every form of compensation you deserve. Here are the types of compensation you may be entitled to receive:

  • Medical Treatment Costs: All expenses related to emergency care, hospital stays, surgeries, medications, rehabilitation services, and ongoing medical treatments required due to your injuries.
  • Lost Income and Wages: Compensation for any missed work time, including salary, bonuses, commissions, and other employment benefits you lost while recovering from your injuries.
  • Future Earning Capacity: Our premises liability lawyer team calculates potential lifetime earnings lost if your injuries affect your ability to work or advance in your career.
  • Physical Pain and Suffering: Monetary compensation for the physical discomfort and pain endured during and after the incident, including ongoing chronic pain conditions.
  • Emotional Trauma: Compensation for psychological impacts such as anxiety, depression, post-traumatic stress disorder, and fear of returning to similar locations.
  • Property Damage or Loss: Reimbursement for any personal belongings damaged or stolen during the incident, including electronics, jewelry, cash, or other valuable items.
  • Security Improvement Costs: Expenses for additional security measures you've had to implement at your home or business due to the incident.
  • Quality of Life Impact: Compensation for loss of enjoyment in daily activities, hobbies, sports, or social events you can no longer participate in due to your injuries.
  • Rehabilitation Expenses: Costs of physical therapy, occupational therapy, psychological counseling, and other rehabilitation services needed for recovery.
  • Out-of-Pocket Expenses: Reimbursement for transportation to medical appointments, medical equipment, home modifications, and other injury-related expenses.
  • Loss of Consortium: Compensation for the impact on your relationships with spouse, children, or other family members due to your injuries.
  • Punitive Damages: In cases of extreme negligence, additional compensation may be awarded to punish the property owner and prevent similar incidents.
  • Permanent Disability Costs: Long-term care expenses, adaptive equipment, and lifestyle modifications needed if your injuries result in permanent disability.
  • Future Medical Care: Projected costs of ongoing medical treatment, future surgeries, medications, and medical equipment you may need.
  • Household Services: Compensation for services you can no longer perform yourself, such as cleaning, maintenance, childcare, or yard work.

What Constitutes Negligent Security in NYC?

Under New York law, negligent security is defined by a property owner's failure to take reasonable precautions to protect people on their premises from foreseeable criminal acts by third parties. This legal concept is established through two key elements:

  1. Duty of Care: Property owners in NYC have a legal obligation to maintain reasonably safe premises. For security specifically, this means implementing appropriate security measures based on:
  • The property's location and crime rates in the surrounding area
  • Prior criminal incidents on or near the property
  • The property's type and use (e.g., residential buildings, retail stores, parking garages)
  • The reasonable expectation of criminal activity given the circumstances
  1. Breach of Duty: A property owner is considered negligent when they fail to provide adequate security measures that a reasonable person would implement under similar circumstances. Common examples recognized by New York courts include:
  • Failing to repair broken locks, gates, or security systems
  • Not providing adequate lighting in high-risk areas
  • Failing to employ security personnel when warranted
  • Not maintaining working surveillance cameras in areas with known criminal activity
  • Failing to control access to the property through proper doors, locks, or screening procedures

The law also requires establishing that:

  • The inadequate security was the proximate cause of the injury
  • The criminal act that caused harm was reasonably foreseeable
  • The property owner knew or should have known about the security risk
  • The injury occurred on a part of the property where the owner had a duty to provide security

Critically, New York courts evaluate negligent security claims on a case-by-case basis, considering factors like:

  • Local crime statistics
  • Security measures at similar properties in the area
  • Industry standards for the type of property
  • Cost and feasibility of additional security measures
  • Prior complaints or incidents at the property

The standard is "reasonable" security – not perfect security. Property owners aren't required to prevent all possible crimes, but they must take reasonable steps to protect against foreseeable criminal acts based on the specific circumstances of their property.

Common Injuries Associated with Negligent Security Cases

As your negligent security attorneys, we understand how these injuries can impact every aspect of your life. Here are the common types of injuries we see in negligent security cases:

  • Physical Assault Injuries: Broken bones, facial fractures, and soft tissue damage resulting from attacks that could have been prevented with proper security measures.
  • Traumatic Brain Injuries: Concussions and more severe brain trauma caused by falls or attacks in poorly secured areas, often leading to long-term cognitive issues.
  • Gunshot Wounds: Injuries ranging from soft tissue damage to life-threatening organ damage occurring in properties where security measures failed to prevent armed attacks.
  • Knife Wounds: Cuts, punctures, and internal injuries sustained during attacks in areas where inadequate security allowed armed assailants to enter.
  • Spinal Cord Trauma: Injuries to the neck and back from violent attacks or falls in poorly secured areas, potentially resulting in partial or complete paralysis.
  • Psychological Trauma: Severe anxiety, post-traumatic stress disorder, and depression following attacks that proper security could have prevented.
  • Sexual Assault Injuries: Physical and psychological trauma resulting from attacks in buildings with insufficient security measures or monitoring.
  • Internal Organ Damage: Injuries to vital organs from physical attacks or weapons in locations where security measures were inadequate.
  • Wrongful Death: Fatal injuries resulting from criminal acts that occurred due to negligent security measures.
  • Orthopedic Injuries: Joint dislocations, torn ligaments, and fractures sustained during attacks in poorly secured premises.
  • Facial Injuries: Permanent scarring, dental damage, and disfigurement from attacks that adequate security could have prevented.
  • Defensive Wounds: Injuries to hands and arms sustained while trying to protect oneself during an attack facilitated by poor security.
  • Sensory Organ Damage: Injuries affecting vision, hearing, or other senses resulting from attacks in inadequately secured areas.
  • Soft Tissue Injuries: Sprains, strains, and contusions sustained during assaults or while attempting to escape dangerous situations.
  • Long-term Physical Impairments: Chronic pain conditions and permanent disabilities resulting from attacks that proper security should have prevented.

Common Causes of Negligent Security Injuries

Through our experience as negligent security attorneys, we've identified the most common security failures that put people at risk. Here are the primary causes of negligent security injuries we encounter:

  • Inadequate Lighting Systems: Poorly lit parking lots, stairwells, hallways, and common areas that create opportunities for criminal activity and make it difficult for victims to identify potential threats.
  • Broken Access Control: Malfunctioning locks, broken gates, disabled keycard systems, or compromised entry points that allow unauthorized individuals to access restricted areas.
  • Insufficient Security Personnel: Lack of trained security guards, inadequate staffing levels during high-risk hours, or security personnel failing to conduct proper patrols and monitoring.
  • Defective Surveillance Systems: Non-functioning security cameras, blind spots in camera coverage, or failure to monitor and maintain surveillance equipment properly.
  • Poor Security Protocols: Inadequate visitor screening procedures, failure to check identification, or lack of sign-in requirements for guests and contractors.
  • Unmaintained Security Equipment: Broken intercoms, non-functioning emergency call boxes, disabled alarm systems, or other security equipment left in disrepair.
  • Inadequate Emergency Response: Failure to establish proper emergency protocols, delayed response to security incidents, or lack of coordination with local law enforcement.
  • Unsecured Entry Points: Multiple unlocked or unsupervised access points, broken windows, unsecured fire exits, or compromised perimeter fencing.
  • Negligent Staff Training: Security personnel lacking proper training in threat assessment, emergency response procedures, or appropriate use of security equipment.
  • Ignored Security Warnings: Failure to address previous security incidents, disregarding tenant complaints about security concerns, or ignoring police recommendations for improved security measures.
  • Insufficient Background Checks: Failing to properly screen employees, contractors, or tenants who have access to secure areas or sensitive information.
  • Outdated Security Systems: Relying on obsolete security technology, failing to upgrade systems to meet current security standards, or using inadequate security measures for the property's risk level.
  • Poor Environmental Design: Failure to implement crime prevention through environmental design principles, creating hidden areas that attract criminal activity.
  • Inadequate Communication Systems: Non-functioning intercoms, emergency phones, or alert systems that prevent timely reporting of security threats.
  • Negligent Security Assessment: Failure to conduct regular security risk assessments or implement appropriate security measures based on local crime patterns.

Common Places Negligent Security Injuries Happen

At Kelner & Kelner, our negligent security lawyer team has handled cases involving security failures across numerous types of properties throughout New York City. As your negligent security attorneys, we want you to understand where these incidents commonly occur so you can stay vigilant. Here are the most frequent locations where negligent security injuries happen:

  • Apartment Buildings: Residential complexes where inadequate security measures in lobbies, hallways, stairwells, and common areas create opportunities for criminal activity.
  • Parking Structures: Both covered garages and open-air lots where poor lighting, broken security cameras, or lack of security personnel make visitors vulnerable to attacks.
  • Shopping Centers: Retail establishments where insufficient security measures in stores, walkways, or parking areas fail to protect shoppers from criminal activity.
  • Hotels and Motels: Lodging facilities where broken locks, inadequate lighting, or poor access control allow unauthorized individuals to access guest areas.
  • Office Buildings: Commercial properties where inadequate security personnel, malfunctioning access systems, or poor visitor screening put workers and visitors at risk.
  • Educational Facilities: Schools, colleges, and universities where security failures in classrooms, dormitories, or campus grounds compromise student and staff safety.
  • Entertainment Venues: Nightclubs, theaters, and sports arenas where insufficient crowd control, inadequate security staffing, or poor emergency protocols lead to injuries.
  • Public Housing: NYCHA and other residential complexes where broken security equipment, insufficient lighting, or inadequate monitoring create unsafe conditions.
  • Medical Facilities: Hospitals, clinics, and medical offices where security failures in waiting areas, parking facilities, or restricted areas endanger patients and staff.
  • Transportation Hubs: Bus stations, train stations, and airport facilities where inadequate security measures fail to protect travelers and employees.
  • Construction Sites: Active building projects where poor perimeter security, inadequate lighting, or lack of access control allow unauthorized entry.
  • Religious Institutions: Churches, synagogues, and other places of worship where insufficient security measures leave congregants vulnerable during services and events.
  • Financial Institutions: Banks and ATM locations where inadequate security cameras, poor lighting, or insufficient security personnel create opportunities for robbery and assault.
  • Storage Facilities: Self-storage properties where broken security systems, poor access control, or inadequate monitoring fail to protect customers and their property.
  • Residential Communities: Gated communities and housing developments where security failures at entry points, common areas, or recreational facilities compromise resident safety.

Get Help After a Negligent Security Incident

Don't let inadequate security measures rob you of your right to safety and compensation. At Kelner & Kelner, our negligent security lawyers stand ready to help you pursue justice and secure the compensation you deserve. Contact us today for a free consultation to discuss your case with our dedicated negligent security attorney team.

Free Consultation - Act Now

Injured in NYC? Contact Kelner and Kelner today at (212)-425-0700 or through our website.


Negligent Security Lawyer FAQs

Negligent Security Lawyer

How long do I have to file a negligent security case in New York?

The statute of limitations for negligent security cases in New York is generally three years from the date of the incident. However, if the property is owned by a government entity, you may have as little as 90 days to file a notice of claim. Our negligent security attorneys recommend contacting us immediately to ensure your rights are protected.

What if the criminal who attacked me was never caught?

You can still pursue a negligent security case even if the perpetrator was never identified or apprehended. Our negligent security lawyer team focuses on the property owner's failure to provide adequate security, not on the criminal's actions. We can build a strong case based on the property's security deficiencies.

Will my case have to go to trial?

Many negligent security cases settle before trial through skilled negotiation. However, our negligent security attorneys prepare every case as if it will go to trial, ensuring we maintain maximum leverage during settlement discussions and are ready if court proceedings become necessary.

What if I was attacked in a "bad neighborhood"?

Property owners in areas with higher crime rates actually have a greater obligation to provide adequate security measures. Our negligent security lawyer team can use local crime statistics to demonstrate that the property owner should have anticipated and prevented criminal activity through proper security measures.

Can I file a claim if I was visiting the property illegally?

The property owner's duty of care varies depending on your status on the property. While trespassers have fewer rights than invited guests, property owners still have certain obligations. Our negligent security attorneys can evaluate your specific situation to determine if you have a valid claim.

What if I was partially at fault for not following security protocols?

New York follows comparative negligence rules, meaning you can still recover compensation even if you were partially at fault. Our negligent security lawyer team will work to minimize any attribution of fault to you while maximizing your potential compensation.

How is the value of my case determined?

The value of a negligent security case depends on factors including severity of injuries, impact on your life, strength of evidence showing security failures, property owner's degree of negligence, and available insurance coverage. Our negligent security attorneys conduct thorough evaluations to determine appropriate compensation targets.

Who actually pays the compensation in a negligent security case?

Most compensation comes from the property owner's insurance policies, which typically include coverage for negligent security claims. Our negligent security lawyer team identifies all possible insurance coverage to maximize your potential sources of compensation.

What evidence do you need to prove a negligent security case?

Key evidence includes security camera footage, maintenance records, prior incident reports, crime statistics, witness statements, photographs of security deficiencies, and expert testimony about industry security standards. Our negligent security attorneys begin gathering and preserving this evidence immediately upon taking your case.

Can I file a claim if I signed a waiver?

While waivers can impact your ability to file a claim, they are not always enforceable, especially in cases of gross negligence. Our negligent security lawyer team can evaluate any waivers you signed to determine if you still have a valid claim.

 

 

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