Injuries that occur due to inadequate or negligent security are a serious issue. Whether it’s a parking lot, shopping mall, hotel, or apartment complex, property owners and managers have a legal responsibility to provide reasonable security measures to protect visitors, residents, and employees. When these safety measures are not met and someone is injured as a result, the property owner may be held liable for negligence.
If you have been injured due to negligent security in New York, it’s crucial to understand your legal rights and how to pursue a personal injury claim. Below are the essential steps to take if you’ve been a victim of inadequate security.
1. Seek Medical Attention Immediately
Your health is the most important concern after any injury. If you’ve been hurt in an incident due to negligent security, such as an assault or robbery in an inadequately secured area, seek medical attention right away. Even if your injuries seem minor, it’s important to get evaluated by a medical professional to ensure that all injuries are properly documented for your case.
2. Report the Incident to Authorities
If the injury was caused by an assault, robbery, or other criminal activity, you should contact the police immediately and file a report. Having an official police report documenting the event will serve as an important piece of evidence in your claim. If the incident occurred on private property, report the event to the property owner or manager as well, and request that an incident report be created.
3. Gather Evidence of Negligence
To build a strong personal injury case, you will need evidence that demonstrates the property owner’s negligence. Examples of evidence include:
- Surveillance footage: If available, footage from security cameras can show the event as it happened and may indicate whether there was a lack of proper security or monitoring.
- Photographs: Take pictures of the location, showing the absence of adequate lighting, broken security gates, or poorly monitored areas. This can help prove that security was inadequate or neglected.
- Witness statements: If there were any witnesses to the event, their testimonies can provide crucial support for your case.
- Past incidents: If there have been previous security issues or crimes at the property, it’s essential to document these incidents. A pattern of neglect can strengthen your claim that the property owner should have taken action to prevent harm.
4. Identify the Responsible Party
In a negligent security case, the responsible party is typically the property owner or manager. Property owners have a legal duty to ensure their premises are reasonably safe, which includes providing adequate security measures, such as:
- Proper lighting in parking lots, stairwells, and hallways
- Security cameras and monitoring
- Security personnel or on-site guards
- Secure entry points to buildings or gated communities
If these measures are inadequate or absent and an injury occurs as a result, the property owner may be held liable. If the property owner has contracted a security company, that company may also be responsible if their services were not provided adequately.
5. Preserve Your Evidence
Preserving evidence is crucial in any personal injury case, especially one involving negligent security. Ensure you keep:
- Medical records and bills: Documentation of your injuries and the cost of treatment will help establish the extent of your damages.
- Incident reports: Whether from the police or the property owner, incident reports help validate your claims of inadequate security.
- Correspondence with the property owner: If you’ve had any communication with the property owner or manager about the incident, preserve these records as they may show a lack of response or responsibility.
6. Avoid Discussing Your Case Without Legal Counsel
Before speaking with insurance companies or agreeing to any settlement, consult with an experienced personal injury lawyer. Insurance adjusters may attempt to minimize the severity of your injury or offer you a low settlement. Anything you say to them can be used against you later. Having legal representation ensures that your rights are protected, and you receive the compensation you deserve.
7. Consult a New York Personal Injury Lawyer
Negligent security cases can be complex, as they involve proving that the property owner or manager failed to meet their responsibility to protect visitors. An experienced attorney specializing in premises liability and personal injury law can:
- Investigate the circumstances surrounding the incident
- Gather and preserve evidence
- Identify any previous safety violations or criminal activity in the area
- Determine if other parties, such as security companies, may be liable
- Handle communications with insurance companies
At Alan Ripka & Associates, our team has experience handling negligent security claims and helping victims secure fair compensation for their injuries.
8. Understand the Compensation You May Be Entitled To
If you’ve been injured due to negligent security, you may be entitled to compensation for the following:
- Medical expenses: Past and future medical costs related to your injury, including hospital bills, treatment, rehabilitation, and therapy.
- Lost wages: If you were unable to work due to your injuries, you may be able to recover the wages you lost during your recovery period.
- Pain and suffering: Compensation for the physical pain and emotional distress caused by the injury.
- Property damage: If your personal property was damaged during the incident, you may be able to recover the cost of repairs or replacement.
Your attorney will work to ensure that all your damages are accurately calculated and included in your claim.
9. Statute of Limitations for Negligent Security Claims in New York
In New York, you typically have three years from the date of the incident to file a personal injury lawsuit. However, the statute of limitations can vary depending on the specifics of the case, so it’s important to act quickly. Delaying legal action can result in losing your right to compensation, so consult with an attorney as soon as possible.
Conclusion
If you have been injured due to negligent security in New York, pursuing a personal injury claim is crucial for protecting your rights and receiving the compensation you deserve. At Alan Ripka & Associates, we are dedicated to helping victims of negligent security accidents fight for justice. Contact us today for a free consultation, and let us help you take the first step toward recovery.
