Negligent Security

You Deserve To Be Safe

Throughout New York City, accidents in nightclubs and bars can cause a wide range of injuries. If you have been injured in an accident, you should take initiative and talk to the New York negligent security lawyers at Caesar & Napoli We represent people throughout New York City in premises liability claims and other types of personal injury claims. Our attorneys are highly knowledgeable of premises liability law and have a proven track record representing clients in complex injury claims.

Holding Property Owners Responsible

Many serious accidents in nightclubs, bars and other busy attractions in New York are caused by negligent security or related issues. This can include inadequate lighting, failure to break up bar fights or brawls, or failure to clear away broken glass, spills or other hazardous conditions.

If you have suffered an injury as the result of negligent security at a public establishment in New York City, the lawyers at Caesar & Napoli, will aggressively advocate for your interests. We make it a priority to stay up-to-date with case law and take a very thorough approach to the investigation process. We are knowledgeable of what the courts will look for with regard to evidence, and will work to achieve the best possible outcome for your case.

What a Negligent Security Claim Has to Prove

These cases turn on two questions. Was the harm foreseeable? And did the property owner take the minimal precautions that a reasonable owner would take against it? New York does not make an owner the insurer of everyone on the property. It does require an owner who knows, or should know, that the location carries a risk to do something proportionate about it.

Foreseeability is usually established from the history of the address rather than from the incident itself. Prior assaults or robberies in the building, calls to the police from that address, complaints from tenants or staff, and the pattern of crime in the immediate area all speak to what the owner already knew. Once that is established, the second question is a practical one. Was the lock working? Was the door propped open? Was the camera recording? Was the guard posted, and were the lights on?

Where These Claims Arise

• Apartment buildings, where a broken entry door or lobby lock lets a stranger in
• Public housing, where repair requests for doors, locks and lighting went unanswered
• Parking garages and lots, particularly stairwells and poorly lit levels
• Hotels, where key control and floor access are part of the service being paid for
• Shopping centers, office buildings and college campuses
• Bars, nightclubs and event venues, where crowd management and the conduct of security staff are both in issue

Two of these have their own rules. A claim involving a city agency or a public housing authority normally requires a notice of claim within ninety days of the incident, long before most people are ready to think about it. And where the injury was caused by a venue’s own security staff, the claim may involve the use of force by those employees as well as the failure to prevent an incident.

The Evidence That Decides These Cases

Almost all of it is perishable, and most of it is held by the party being blamed.

• Camera footage. Many systems overwrite within seven to thirty days. A written demand to preserve it is the single most time sensitive step in the whole case.
• Prior incident history. Police records for the address, incident logs, and any previous complaints or lawsuits.
• The physical condition. Photographs of the door, lock, gate, stairwell or lighting taken before anything is repaired.
• Staffing records. Whether a guard was scheduled, whether the post was covered, and what the written post orders required.
• Maintenance and repair records. A work order that sat open for months is often the strongest document in the file.

Deadlines Worth Knowing

• The claim against the property owner. Three years from the date of the incident in most cases.
• A claim against the person who caused the injury. Where the claim is for assault or battery against that individual, New York allows only one year.
• A city agency or a public housing authority. A notice of claim within ninety days, and a shorter period to start the lawsuit than the ordinary three years.

Those three are far apart, and the shortest of them runs while a criminal case is still at its earliest stage.

Common Questions

What does negligent security actually mean?

It is a premises liability claim. The argument is not that the owner committed the assault, but that the owner knew the location carried a risk and failed to take the basic measures that would have made the harm less likely.

Can a property owner be responsible for what another person did?

In the right circumstances, yes. New York expects an owner who is aware of a foreseeable risk of criminal conduct to take minimal precautions against it. Where those precautions were absent and the harm followed, the owner can be answerable for their part in it.

What if the attacker was never identified?

Not necessarily a barrier, but it does make the case harder. The claim is against the party responsible for the property, and it is built from the condition of the premises and the history of the address. The case still has to show that the attacker was able to get in because of the failure being complained of, and proving that is more difficult when the person was never identified. The physical evidence carries more weight as a result.

Does the criminal case have to finish first?

No. The two proceed separately, and the civil deadlines keep running while a prosecution is pending. Waiting for a criminal case to conclude is one of the most common ways a civil claim is lost, particularly where a notice of claim was due within ninety days.

How is foreseeability proved?

Most often from prior similar incidents at or near the location, and from what the owner had already been told. Tenant complaints, unanswered repair requests and police activity at the address all carry weight.

How quickly does the footage need to be secured?

Immediately. Retention periods of seven to thirty days are common, and once a recording is overwritten it cannot be recovered. This is the main reason not to wait before getting advice.

Does it matter that I was a visitor rather than a tenant?

Generally not. A duty of reasonable care is owed to people lawfully on the property, which includes guests, customers and visitors, not only residents.

What if the injuries were severe?

Where an assault causes lasting harm, the claim has to account for a lifetime rather than a recovery period. Our premises liability overview covers the related claims, and the pages on traumatic brain injuries and catastrophic injuries deal with how those cases are valued.

Schedule A No-Obligation Consultation With An Attorney

At Caesar & Napoli, we do not charge for initial consultations. To schedule a meeting with one of our attorneys to discuss your injury case, please contact us at (888) 235-6766. Most personal injury cases are handled on a no-win, no-fee basis. We are not paid attorney’s fees unless we win a recovery for your case.