Negligent Security Settlement Timeline

Proving Negligence in New York Security Cases: What Evidence Do You Need?

At Andrews, Bernstein & Maranto, PLLC, we understand that facing a negligent security case can be overwhelming. You may be feeling confused about your rights and worried about how to move forward after suffering harm due to someone else’s failure to maintain a safe environment. We want you to know that you are not alone, and we are here to help guide you through this process with compassion and determination. Our goal is to make sure you have the support you need to pursue justice and the compensation you deserve.

 

Understanding Negligent Security Cases in New York

Negligent security cases occur when a property owner or manager fails to provide adequate safety measures to protect people on their premises. This failure can lead to injuries or harm caused by criminal acts such as assaults, robberies, or other dangerous situations. Property owners have a responsibility to ensure their premises are reasonably safe for visitors, tenants, or patrons. When they neglect this duty and someone is hurt as a result, they can be held legally responsible.

In New York, negligent security claims often arise in places like apartment buildings, parking lots, hotels, shopping centers, bars, and event venues. These cases can be complex, but our firm has a deep understanding of the legal principles involved. We are committed to helping you build a strong case to hold the negligent party accountable.

How Negligence is Proven in Security Cases

Proving negligence in a security case requires showing that the property owner or manager had a duty to provide reasonable security measures, that they failed to fulfill this duty, and that their failure directly caused harm to you. This legal framework may seem straightforward, but gathering the right evidence and presenting it effectively requires careful attention.

Our firm is experienced in handling negligent security claims, and we understand how to establish the critical elements of your case. We work tirelessly to demonstrate how the property owner’s lack of action or failure to address known risks led to the incident that harmed you. By building a compelling argument, we aim to give you the best chance of securing the outcome you deserve.

Benjamin J.
Andrews

Partner

Robert
Maranto

Partner

Tom
Kotrys

Partner

Anthony
Iacono

Attorney

Robert J.
Maranto, III

Attorney

Key Evidence Needed for a Successful Case

To prove negligence in a New York security case, several types of evidence may be necessary. Each piece of evidence plays a vital role in demonstrating that the property owner failed to meet their obligations and that this failure caused the harm you suffered.

One of the most important elements is documentation of the incident. This can include police reports, security footage, or incident reports from the property where the harm occurred. These documents can establish what happened, when it happened, and the circumstances leading up to the incident.

Another critical type of evidence is witness testimony. If other individuals witnessed the incident or had similar experiences on the property, their accounts can strengthen your case. Witnesses can help paint a picture of the property’s unsafe conditions and how those conditions contributed to your harm.

Photographs or videos of the property can also be valuable. Visual evidence can show unsafe conditions such as broken locks, poor lighting, or lack of security personnel. These images make it clear that the property owner neglected to address hazards that could have been prevented with reasonable measures.

Records of prior incidents on the property are also essential. If there is a history of criminal activity or safety complaints, this can show that the property owner knew about potential risks but failed to act. This history helps establish that the property owner should have taken steps to improve security and prevent harm.

Finally, evidence of the harm you suffered, including medical records, is crucial. These records show the extent of your injuries and the impact on your life, which is necessary to calculate the compensation you may be entitled to receive.

The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”

- Jane D.

The Role of Legal Representation in Building Your Case

Navigating a negligent security case can be challenging without legal guidance. Property owners and their insurers often try to deny liability or argue that the criminal act was unforeseeable. To counter these defenses, having an attorney who understands the nuances of New York negligent security law is invaluable.

At Andrews, Bernstein & Maranto, PLLC, we are committed to fighting for you. We conduct thorough investigations to uncover all relevant evidence and work with professionals to strengthen your case. We understand the strategies that property owners and their insurers may use to avoid responsibility, and we are prepared to advocate aggressively on your behalf.

How We Can Help You Achieve Justice

Our firm is dedicated to providing personalized and compassionate representation to individuals harmed by negligent security. We believe that property owners must be held accountable when their negligence allows harm to occur. By taking legal action, you are not only seeking compensation for your injuries but also helping to create safer conditions for others in the future.

We know how difficult it can be to face a legal battle while recovering from physical and emotional trauma. That is why we handle every aspect of your case, from gathering evidence to negotiating with insurers and, if necessary, presenting your case in court. Our priority is to ensure that you can focus on your recovery while we work tirelessly to pursue justice on your behalf.

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Why Choosing the Right Legal Team Matters

In negligent security cases, the outcome often depends on the strength of the evidence and how effectively it is presented. Choosing a legal team that is dedicated to your case and understands the complexities of these claims can make a significant difference.

At Andrews, Bernstein & Maranto, PLLC, we are passionate about helping people who have been harmed due to negligent security. We take pride in our commitment to providing clear communication, compassionate support, and relentless advocacy. Your well-being and your right to justice are at the center of everything we do.

What Damages Can You Recover in a Negligent Security Case?

Medical Expenses

One of the primary damages that victims seek to recover in a negligent security case is the cost of medical treatment. When someone is injured due to inadequate security, the resulting medical bills can quickly become overwhelming. Medical expenses in these cases may include costs for emergency room visits, surgeries, hospital stays, medications, and physical therapy. For victims who require long-term care or rehabilitation, these expenses can continue for years after the incident. Recovering damages for medical expenses is essential to helping victims afford the care they need to heal and return to a sense of normalcy.

In addition to the initial costs, victims may also incur expenses for future medical treatment. If the injuries are severe and require ongoing treatment, the damages awarded may account for future medical costs as well. By seeking compensation for medical expenses, victims can avoid the financial burden of these costs and focus on their recovery. This category of damages is particularly important for those who have sustained life-altering injuries, as it provides them with the financial resources they need to access necessary medical care.

Lost Wages and Loss of Earning Capacity

In a negligent security case, victims may also recover damages for lost wages. Injuries resulting from inadequate security can force victims to take time off work, leading to a loss of income. For some individuals, the time away from work may only be temporary, but for others, the injuries may permanently affect their ability to earn an income. Damages for lost wages aim to cover the earnings lost due to missed work, allowing victims to recover financially from their absence.

In addition to recovering lost wages, victims may also be able to recover damages for the loss of earning capacity. This occurs when the injuries are severe enough to impact the victim’s future ability to work. For example, if someone sustains an injury that limits their mobility or causes chronic pain, they may no longer be able to perform the duties of their previous job. In these cases, the damages awarded for loss of earning capacity can help make up for the victim’s reduced ability to earn an income in the future.

Loss of earning capacity can have a significant impact on a victim’s financial stability, especially if they are unable to find alternative work or are forced to take a lower-paying job. These damages are meant to account for the long-term effects of the injuries on the victim’s life, helping them maintain their financial security even if they cannot work as they once did. For victims who face lifelong challenges due to their injuries, compensation for lost wages and earning capacity can provide critical financial support.

Pain and Suffering

In addition to economic damages, victims of negligent security incidents may also be able to recover compensation for pain and suffering. Pain and suffering refer to the physical and emotional distress that the victim endures because of their injuries. This type of damage considers the physical pain, mental anguish, and emotional trauma caused by the incident. While pain and suffering are not easily measured in financial terms, they are very real and can have a lasting impact on the victim’s quality of life.

For example, a victim who was assaulted due to poor security in an apartment complex may suffer from anxiety, depression, or post-traumatic stress disorder (PTSD) as a result. Pain and suffering damages aim to compensate for these non-economic effects, acknowledging the significant impact that the incident has had on the victim’s mental and emotional well-being. Courts often consider the severity of the injuries, the victim’s age, and the impact on their daily life when determining an appropriate amount for pain and suffering damages.

Pain and suffering can be challenging to prove, but with the help of a skilled attorney, victims can present evidence of their emotional distress and its effect on their lives. Testimony from therapists, medical records, and personal statements can all help demonstrate the extent of the victim’s pain and suffering. These damages recognize the psychological toll of negligent security incidents and provide victims with financial support to help them cope with their trauma.

Loss of Enjoyment of Life

Another type of non-economic damage that victims may recover in a negligent security case is compensation for the loss of enjoyment of life. When someone is injured due to inadequate security, they may no longer be able to participate in activities they once enjoyed. This could include hobbies, sports, or spending time with loved ones. Loss of enjoyment of life damages are intended to recognize the impact that the injuries have on the victim’s ability to experience joy and satisfaction in their daily life.

For example, if a person who was once active and loved sports is left with a permanent injury that prevents them from playing, this change can have a lasting impact on their overall happiness. Loss of enjoyment of life damages are designed to compensate for this reduction in quality of life, helping victims find some relief for the things they can no longer experience. These damages acknowledge that life-altering injuries can affect more than just the physical body and that the emotional impact of these changes is worthy of recognition and compensation.

Punitive Damages

In some cases, victims of negligent security incidents may be able to recover punitive damages. Unlike compensatory damages, which aim to cover the victim’s losses, punitive damages are intended to punish the property owner for particularly reckless or negligent behavior. Punitive damages are usually awarded in cases where the property owner’s actions were especially careless or showed a complete disregard for the safety of others.

Punitive damages serve as a warning to other property owners, showing them the serious consequences of failing to provide adequate security measures. These damages are not awarded in every negligent security case, but they can be a powerful tool in holding property owners accountable for their actions. When a court determines that the property owner’s behavior was egregious, it may choose to award punitive damages as a way of deterring similar conduct in the future.

Punitive damages can significantly increase the amount of compensation that victims receive, providing them with additional financial support while also reinforcing the importance of responsible property management. These damages are an important part of the justice process, as they help to protect the public by discouraging property owners from engaging in reckless behavior that puts people at risk.

Property Damages

In some negligent security cases, victims may also experience property damage as a result of the incident. For instance, if someone’s personal belongings were damaged or stolen during a crime that occurred due to inadequate security, they may be able to recover damages for these losses. Property damages can include compensation for lost or damaged items such as phones, wallets, or other valuables that were affected during the incident.

While property damages may not be the largest part of a negligent security case, they are still an important consideration for victims who have lost valuable possessions. Recovering compensation for property damages allows victims to replace or repair their belongings, helping them restore a sense of normalcy after the incident. This category of damages acknowledges that negligent security can impact not only a person’s health and well-being but also their personal property.

Addressing Negligent Security in Erie County’s Public Transit System

Erie County’s public transit system plays a vital role in connecting people to their daily activities, including work, education, and leisure. However, recent incidents have highlighted a concerning issue: negligent security measures. These lapses in security pose a threat to the safety and well-being of passengers. In this blog post, we will delve into the importance of addressing negligent security in Erie County’s public transit system and explore potential solutions to ensure the safety of all passengers.

The Impact of Negligent Security:

Negligent security compromises the trust and confidence of passengers in the public transit system. Incidents such as theft, assault, harassment, and vandalism create an environment of fear and unease. These negative experiences deter individuals from utilizing public transportation, leading to decreased ridership and a decline in the system’s overall efficiency and sustainability.

Identifying the Gaps in Security:

To address negligent security effectively, it is crucial to identify the gaps and weaknesses in the current security measures. Conducting a comprehensive assessment of the public transit system’s security infrastructure, including surveillance cameras, lighting, personnel, and emergency response protocols, can help pinpoint areas that require immediate attention.

Investing in Surveillance Technology:

Enhancing the surveillance system within Erie County’s public transit system is a critical step in addressing negligent security. Installing high-quality, strategically placed surveillance cameras can act as a deterrent to potential offenders and provide valuable evidence in the event of an incident. Moreover, employing advanced technologies such as facial recognition and video analytics can help detect and respond to security threats more efficiently.

Strengthening Security Personnel and Training:

Security personnel play a crucial role in ensuring the safety of passengers. By providing comprehensive training to security staff, including conflict resolution, de-escalation techniques, and emergency response protocols, the public transit system can empower its personnel to handle challenging situations effectively. Additionally, increasing the number of security personnel during peak hours can help deter potential threats and enhance passenger confidence.

Implementing Emergency Communication Systems:

Incorporating reliable and accessible emergency communication systems throughout the public transit system is vital for addressing negligent security. Installing emergency call buttons or intercoms on platforms, in trains, and at bus stops enables passengers to report suspicious activities or seek immediate assistance in case of an emergency. Furthermore, implementing a robust system for monitoring and responding to these calls is essential to ensure timely and appropriate action.

Collaboration with Law Enforcement:

Collaboration between the public transit system and local law enforcement agencies is paramount in addressing negligent security. Establishing a strong partnership can facilitate the sharing of information, joint training exercises, and coordinated responses to incidents. Regular patrols by law enforcement officers on trains, buses, and at stations can provide a visible presence and act as a deterrent to potential criminals.

Encouraging Community Engagement:

Creating a culture of vigilance and community engagement is an effective way to address negligent security in Erie County’s public transit system. Encouraging passengers to report suspicious activities, providing clear channels for reporting incidents, and establishing anonymous tip lines can significantly contribute to identifying potential security threats. Regular communication and awareness campaigns can educate passengers about safety measures and foster a sense of shared responsibility in maintaining a secure transit environment.

Enhancing Lighting and Infrastructure:

Well-lit and properly maintained stations, platforms, and transit stops play a crucial role in deterring criminal activities. By investing in adequate lighting infrastructure, Erie County’s public transit system can significantly improve the visibility and safety of passengers. Additionally, ensuring that platforms and transit stops are well-designed with clear sightlines and unobstructed views can minimize potential hiding spots for criminals and enhance the overall security of the system.

Conducting Regular Security Audits:

To address negligent security comprehensively, it is important to conduct regular security audits and evaluations of the public transit system. These audits should assess the effectiveness of existing security measures, identify any new vulnerabilities, and recommend necessary improvements. By reviewing and updating security protocols and procedures based on audit findings, Erie County’s public transit system can adapt and stay ahead of evolving security challenges.

Continuous Monitoring and Evaluation:

Addressing negligent security is an ongoing process that requires continuous monitoring and evaluation. Erie County’s public transit system should establish a dedicated security oversight team responsible for monitoring security measures, analyzing incident reports, and implementing necessary adjustments. Regular evaluations and feedback from passengers, security personnel, and law enforcement agencies can provide valuable insights for improving security practices and maintaining a safe transit environment.

Addressing negligent security in Erie County’s public transit system requires a multi-faceted approach that combines technological advancements, personnel training, community engagement, and infrastructure improvements. By implementing these measures, Erie County can create a secure and reliable public transportation system that instills confidence in its passengers. The collective effort of transit authorities, law enforcement agencies, community organizations, and passengers themselves is essential in ensuring the safety and well-being of all individuals who rely on Erie County’s public transit system. Together, we can build a transportation network that promotes inclusivity, accessibility, and security for everyone.

Negligent Security Case Value

Were you injured due to inadequate security and have questions about how negligent security case value is determined? Watch this video to learn more.

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Were you or a loved one injured due to inadequate security and have questions about how long a negligent security case will take?
Contact our office today to schedule a free consultation with our experienced Buffalo negligent security lawyers.

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