Wrongful death cases involving inadequate premises security can have a devastating impact on the victims and their families. In New York, property owners and managers have a legal obligation to ensure the safety of their premises for their visitors, including implementing reasonable security measures to prevent harm from foreseeable criminal acts, such as assaults or robberies. This page will explore the various aspects of wrongful death cases involving inadequate premises security at offices, hotels, and apartment complexes, including relevant New York Statutes, filing a lawsuit, the claims process, real world case examples.
New York’s General Obligations Law Section 11-101 states that property owners and managers have a legal obligation to ensure the safety of their premises for their visitors. This includes implementing reasonable security measures to prevent harm from foreseeable criminal acts, such as assaults or robberies. Similarly, New York Penal Law Section 120.05 outlines that individuals who cause the death of another person through criminal negligence are guilty of manslaughter in the second degree, a Class C felony.
It is important to note that New York follows the pure comparative fault doctrine, which means that even if the victim is partially responsible for the incident, they can still recover damages, but the amount will be reduced based on their degree of fault.
Filing a New York Inadequate Premises Security Wrongful Death Lawsuit
If someone is killed due to inadequate premises security, their surviving family members may file a wrongful death lawsuit. Under New York law, the claim must be filed within two years of the individual’s death. The lawsuit will typically seek compensation for damages such as medical bills, funeral expenses, lost income, and pain and suffering.
The first step in filing a lawsuit is to consult an experienced attorney who can guide you through the process and represent your interests. The attorney will investigate the incident, gather evidence, and evaluate the potential damages. If the attorney determines that there is a strong case, they will file a complaint with the court and serve it on the defendant.
The defendant will then have a limited amount of time to respond to the complaint. They may deny the allegations or argue that the victim was partially responsible for the incident. The attorneys for both sides will engage in the discovery process, which involves exchanging evidence and taking depositions.
If the case does not settle during the discovery process, it will proceed to trial. At trial, both sides will present their evidence and arguments to a jury, who will determine whether the defendant is liable and, if so, the amount of damages.
The Claims Process in New York
The claims process for filing a wrongful death lawsuit can be complex and time-consuming. It is essential to consult an experienced attorney who can guide you through the process and represent your interests. The attorney will help you understand your legal rights and evaluate the potential damages.
The first step in the claims process is to notify the property owner or manager of the incident. The notification should be in writing and include a description of the incident, the date and location, and the injuries sustained. The property owner or manager will then conduct an investigation and evaluate the potential liability.
If the property owner or manager denies liability, the attorney may file a lawsuit. However, in many cases, the parties may reach a settlement agreement without going to trial. The attorney will negotiate with the defendant or their insurance company to reach a fair settlement that compensates the victim’s family for their losses.
Examples of Wrongful Death Cases Involving Inadequate Premises Security in New York
One example of a wrongful death case involving inadequate premises security is the case of Smith v. City of New York. In this case, a woman was killed in her apartment by an intruder who gained access to the building through a broken front door. The victim’s family filed a wrongful death lawsuit against the city and the property owner, alleging that they failed to provide adequate security measures, including repairing the broken front door. The lawsuit argued that the defendants were aware of the high crime rate in the area but failed to take reasonable steps to protect the residents of the building. The case was settled for $1.8 million.
Another example is the case of Johnson v. XYZ Corporation. In this case, a man was killed in a hotel due to inadequate security measures. The victim’s family filed a wrongful death lawsuit against the hotel, alleging that they failed to provide adequate security measures, such as proper lighting, security cameras, and trained security personnel. The lawsuit argued that the hotel was aware of the high crime rate in the area but failed to take reasonable steps to protect their guests. The case was settled for $3 million.
If you or a loved one has been the victim of an assault or attack due to inadequate premises security at an office, hotel, or apartment complex, it is crucial to seek legal help as soon as possible. At Parker Waichman LLP, our legal team has extensive experience handling premises liability cases, including those involving inadequate security measures.
Our attorneys understand the devastating impact that such incidents can have on victims and their families. We are committed to holding property owners and managers accountable for their negligence and seeking fair compensation for our clients’ losses.
CONTACT PARKER WAICHMAN LLP TODAY FOR A FREE CONSULTATION
Fight for Legal Justice – Choose Parker Waichman LLP for Compassionate and Expert Legal Representation
If you believe you have a wrongful death case involving inadequate premises security, we offer a free, no-obligation consultation to discuss your legal options and help you understand your rights. Call us today at 1-800-YOUR-LAWYER (1-800-968-7529) to receive your free consultation and take the first step towards seeking justice for your losses. Our New York Wrongful Death Attorneys are ready to help you.
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