New York Inadequate Security

When security precautions are not adequately taken by property owners, criminals have an easy opportunity to cause harm to residents and visitors. Property owners have a legal responsibility to maintain their properties’ physical environment and provide adequate security so that visitors are reasonably safe from crimes of violence. Property owners who are negligent in their responsibilities and who fail to keep their premises safe may be found liable in a premises liability case.

Individuals injured due to the lack of adequate security in shopping centers, convenience stores, apartment buildings, parking garages, etc., may have legal claims for damages. Although it is understood that the owner of the business, medical care facility, or hotel were not the perpetrators of violent crimes themselves, the lack of adequate security on the premises could very well have left a person vulnerable to violent crime.

Adequate steps must be taken to make premises safe in order to lessen the likelihood of crimes occurring. If there is past history of crime at a specific location, this is especially true.

Incidents which may occur due to inadequate security in the state of New York include the following:

• Mugging
• Assault and battery
• Abduction
• Rape and sexual assault
• Armed robbery
• Shooting
• Stabbing
• Murder
• Preventable injuries, etc.

Inadequate premises security may include unsafe building design, unsafe and inadequate lighting, the absence of security personnel, improperly functioning security cameras, malfunctioning alarms, and broken door locks. Subjects of violent crime at any location should determine whether adequate security measures were in place. Negligent security suits may be filed by guests, tenants, business customers, workers, and visitors against property or business owners.

• After a thorough review of safety measures in place, were adequate safety measures taken on the property to protect residents and guests?
• How did the security measures taken on the premises compare with steps taken to ensure security at other similar places?
• Were alarms, door locks, and other security measures working properly and maintained on a regular basis?
• Did a history of crime exist on the premises which should have reasonably alerted the property owner of the need for increased security?
• Was the level of security provided appropriate for the location? Security must be enhanced in large cities such as New York City banks, as opposed to the level of security called for in rural convenience stores.

Property owners have the duty to make their premises safe for most entrants. Entrants may be classified as invitees, licensees, third-party entrants, and trespassers.

• Invitees fall into two classes: those who have received public invitation and those who are business visitors. Public invitees include those who use public parks, visitors in hospitals, patrons of public libraries, or any individual on premises open to the public. Business visitors include employees or prospective customers regardless as to whether or not an actual purchase is made in a store. Property owners must make all necessary repairs and remove all dangerous conditions, including providing adequate security. Business locations must be safe for all workers and potential customers.
• Licensees are permitted to be on properties. They are not technically invited. Social visitors are considered licensees. Property owners must have reason to believe licensees may encounter a dangerous condition in order to be responsible for correcting the condition.
• Third-party entrants are those who enter premises to commit crimes. Property owners have the duty to protect residents and customers from third-party crimes when the threat of such crimes was known to be present. Measures taken could include installation of gates, alarms, safety surveillance cameras, and the hiring of security guards.
• Trespassers have no rights to be protected against unsafe property conditions.

Have you or a loved one been the victim of a violent crime in a location where inadequate security was present? If so, contact an attorney. You may be eligible for compensation.

These Hubs are provided for informational purposes only and should not be considered legal advice. Professional legal counsel should be sought for specific advice relevant to your circumstances.