New York is one of the most popular tourist destinations in the world. Whether it is the night life, the shopping, or the Broadway shows that draw people, tourists flock to New York by the millions each year. Just two decades ago, New York was also considered one of the most dangerous metropolitan cities in America, with a crime rate that seemed as though it would never stop rising. Thanks to a concerted effort by law enforcement and government officials, New York is now a relatively safe big city. Crime, however, does still occur in the Big Apple. Unfortunately, it can sometimes happen right where you are staying, eating or shopping. If you are injured as the result of a criminal act, the property owner where the act occurred could be held liable for your injuries under the laws of premises liability.
What Is Premises Liability?
Premises liability falls under the area of the law known as torts. Torts encompass civil personal injuries. The basic concept behind a premises liability lawsuit is that the owner of a property, or in some cases a renter, has a legal obligation to keep people who are on the property safe from harm. Most people are familiar with the concept of a “slip-and-fall” accident case, which is a relatively well known type of premises liability lawsuit. Inadequate security is a lesser known basis for a premises liability lawsuit.
The extent to which a property owner is required to protect someone on the property depends largely on the reason for the individual’s being on the property. When the person is an invitee, the owner typically is held to the highest standard of care. An invitee, as the name implies, is someone who has been invited onto the property for financial gain. In other words, when you rent a room at a hotel, eat at a restaurant, shop at a store, pay to see a play, or drink at a nightclub, you are considered an invitee. The owner then has a duty of care to do everything reasonably possible to keep you free from harm.
What Is Inadequate Security?
When you pay to sleep at a hotel, you assume that the hotel has done everything possible to prevent you from being injured from a criminal act while at the hotel. Likewise, if you choose to eat at a restaurant, dance at a nightclub or shop at a shopping mall, you are probably counting on the fact that adequate security measures have been taken to keep you safe from harm. Sometimes, however, those security measures are not adequate and injuries follow. Unfortunately, those injuries can be serious, even fatal. When this happens, the owner of the property may be held liable for those injuries as a result of not providing adequate security under the theory of premises liability. The following are examples of some criminal acts that could result in an inadequate security premises liability lawsuit:
- Robbery
- Burglary
- Rape
- Assault
- Theft
- Harassment
- Stalking
- Identity Theft.
An inadequate security lawsuit can stem from an indefinite number of circumstances; however, the following are common scenarios that could potentially form the basis of an inadequate security lawsuit:
- A hotel gives out room information and you are then attacked in your room;
- A hotel fails to change the key cards or locks on room doors and a burglar is able to enter your room and steal your belongings;
- A parking lot with a history of criminal activity lacks lighting or security and you are robbed or attacked walking to your vehicle.
If you have been victimized by a crime in New York, you may be entitled to compensation for injuries you suffered as a result of the crime. Contact the premises liability attorneys at Ginarte Gonzalez Winograd L.L.P., to find out what legal options you may have. With six offices conveniently located in the New York/New Jersey metropolitan area, we have an office near you. Contact the firm today by calling 888-446-2783 for your free consultation, or fill out our online contact form.