A business could be held liable for an assault committed by a third party on its property. This is most likely when the incident was reasonably foreseeable and the business neglected to take adequate security measures.
This type of claim relies on a legal theory known as negligent security. A business can share responsibility if it knew, or should have known, about the risk of criminal activity on its property and didn’t take reasonable steps to prevent it.
Key Takeaways
- A business isn’t automatically liable if you are a victim of assault on its property. You must show that harm was foreseeable, and that their security fell short of what was reasonable.
- Foreseeability is often proven through a history of similar crimes on the property.
- New York Law requires minimal precautions, but not a guarantee of safety. Businesses cannot reasonably prevent all crime.
What Would Make a Business Liable for Someone Else’s Crime?
New York courts have long held the opinion that property owners and businesses owe a duty to take reasonable steps to protect lawful visitors from foreseeable criminal acts committed by third parties. This duty applies to places like retail stores, parking garages, restaurants, bars, and other commercial properties.
- The business doesn’t need to have caused the assault for you to file a claim. The claim is about their failure to take reasonable precautions.
- Foreseeability is the central question.
- Courts don’t require prior incidents to match exactly. A history of assaults can support foreseeability, even if the crime you experienced wasn’t identical.
How Foreseeability is Proven
The most contested aspect of a negligent security case is foreseeability. It is proven through documented history rather than general assumptions about a location’s safety.
Crucial evidence can include:
- Prior police reports or emergency call logs at the same location or nearby.
- Internal incident reports or customer complaints about safety concerns.
- Known conditions that facilitate crime, like broken locks, poor lighting, or unmonitored entry points, especially if they have been reported before.
Without evidence connecting a pattern to the injury you suffered, a negligent security claim can be difficult to prove. A fast, thorough investigation is crucial, which is why an experienced personal injury attorney on Long Island is crucial.
What is Considered Reasonable Security?
There is no fixed checklist that a business should follow, but the courts will examine whether reasonable measures were in place given known risks.
Reasonable security could include:
- Responsive security personnel and working security cameras.
- Adequate lighting in parking lots, stairwells, and entryways.
- Functioning locks, gates, or access controls.
If you were assaulted at a bar or other premises serving alcohol, there is a unique type of liability that may apply. The New York Dram Shop Act (General Obligations Law § 11-101) makes these businesses liable when they serve alcohol to visibly intoxicated patrons, or to minors, who then cause injury to another party. It is distinct from negligent security.
Talk to a Long Island Personal Injury Lawyer if You Were Assaulted on a Commercial Property
If you were assaulted by a third party on a commercial property, you deserve compensation for your injuries. If the business owner failed to provide adequate security based on historic risk, then you may have a strong case to pursue.
The Raimondo Law Firm has more than 30 years of experience providing personal injury attorney services throughout Long Island. We will pursue deserved compensation by building your case, securing essential evidence, and proving that a business or property owner failed in their duty of care.
Get your free case evaluation by calling us at (631) 471-1222 today.
