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Negligent security claims arise when a person is attacked on another’s property, because the property owner did not provide adequate lighting or other basic security measures which invited or allowed the attack to occur. These claims can arise on public property as well as private property, although special rules apply to claims on public property.
In cases of municipal liability, where the property owner is a city, county, state agency, or other governmental agency or entity, such as a police department, school district, or housing authority, notice of a claim must usually be provided within 90 days from the date the of the injury. The government then has an opportunity to investigate the claim and remedy the situation before any civil action can commence.
In the area of negligent security, courts have held that the municipality must owe some “special duty” to the injured party in order for a claim to arise. Also, the law makes a distinction between an injury that stems from the governmental function of the agency as opposed to the agency in its role as landlord or property owner. For instance, the police have a duty to protect you and must perform their job with care. But just because a municipality owns a public park, is it liable for an assault that happens there? Does it make a difference if the park employed security officers, but those officers were not performing their job adequately when the assault occurred?
These questions involve complicated legal issues and answers. Sometimes the fight for justice is very complex, and it is necessary to have a knowledgeable and experienced attorney on your side who is dedicated to finding a solution to your legal problem and getting you the compensation you deserve. A physical assault can cause serious physical injuries and long-lasting emotional pain, fear and psychological trauma. Hopefully, the criminal justice system will deal with the attacker appropriately. The civil justice system is equally important and is there to make sure you don’t suffer further injury be bearing the costs of another’s negligence which put you in this position. In New York City, contact Leandros A. Vrionedes, P.C. for a free consultation if you have been assaulted, attacked, or injured on public property that was poorly maintained and provided inadequate security to protect you.