If you’ve suffered the physical and emotional trauma of a physical attack, your attacker is obviously responsible for your pain and suffering and should be held criminally responsible.
If you were attacked on a property you don’t own; it was the property owner’s responsibility to ensure your safety. The owner might not have taken all safety precautions. Your attack could have potentially been prevented through more thorough precautionary actions. You might be able to hold the property owner legally responsible for your attack and the associated pain and suffering.
In accordance with various premises liability statutes, a property owner can and should be held accountable for any attacks that occur on the premises if their negligence contributed to the attack. Unfortunately, holding these property owners accountable can be a complicated matter. The more victims understand how premises liability works, the easier the process will be.
How Premises Liability Claims and Lawsuits Work
Premises liability laws list physical attacks on the property as a form of negligence based on the belief that the property owner had a legal obligation to take the required steps to ensure visitors or patrons’ safety. These lawsuits revolve around proving a property owner’s negligence and establishing that this negligence resulted in your attack. Or, at the very least, that this negligence created favorable conditions for the attack.
If a property owner took comprehensive steps to do everything in their power to protect your safety, they are unlikely to be held legally responsible. If, however, a property owner negligently disregarded the necessary steps to ensure the safety of you and other patrons or visitors, you may be able to hold them accountable.
Establishing Negligence in Premises Liability Claims
Property owners are legally required to take reasonable steps to protect every visitor and patron’s safety. Failure to do so qualifies as negligence, and this negligence likely played a part in your attack. If this is the case, it stands to reason that these property owners should be legally required to compensate you for your losses.
Examples of Property Owner Negligence:
- Failure to adequately light the premises
- Failure to install and maintain adequate surveillance
- Failure to take other “reasonable” measures to ensure safety (these measures can include hiring security guards and more)
If you or a loved one suffered a preventable attack, you deserve the right to hold the owner of the property responsible for their failure to ensure your safety. Standing up for your rights is about more than seeking financial compensation. It’s about holding negligent property owners accountable and preventing the same trauma from happening to others.
Connect with a premises liability firm to learn more about your state’s statutes, explore your legal options, and hold all negligent parties accountable.
A Premises Liability Claim Can Help You Obtain Justice
Victims of violent attacks are primarily concerned with their attacker and ensuring they are kept off the streets. However, charging someone with a crime will not cover the costs of your injuries or other losses. Filing a claim or lawsuit can help you seek justice and obtain compensation for the injuries you sustained and the pain and suffering you endured.
Why You Want to Hire a Lawyer
Proving negligence in these cases is rarely straightforward. Victims are advised to consult a premises liability lawyer who is familiar with state-specific codes and regulations. It can be helpful to have a professional to lean on for their legal knowledge.
NY Civil Practice Law & Rules (CVP) §1411 states that damages claimed will be based on the degree to which the property owner’s negligence caused a victim’s injuries.
Premises Liability Cases Must Prove Four Things
- The owner of the property held a duty of care to ensure their safety and protection. This duty of care includes everything from maintaining the property, ensuring lighting is adequate at all times, employing trained and experienced security staff, and more.
- This duty of care was breached in a way that would constitute negligence.
- This breach enabled the attack that caused your losses.
- Your losses resulted in financial damages.
A lawyer can comprehensively review your case, conduct thorough investigations to establish liability, file the appropriate paperwork, and act as your advocate—both in and out of a courtroom.
Rely on Representation from the Law Office of Cohen & Jaffe, LLP
Our firm’s personal injury lawyers have spent over 100 combined years representing injury victims across New York State. We are dedicated to aligning our goals with yours through personalized and compassionate legal counsel.
If you’ve been injured in an attack that could have been prevented, call the Law Office of Cohen & Jaffe, LLP at (516) 358-6900 for a risk-free consultation. We could discuss what to do if you were attacked on a property.
For a free legal consultation, call 516-358-6900