What to Do If You Are Attacked at a Place of Business
When you step into any business in New York, be it a café, a grocery store or a bookstore, you might not think about your personal safety — that is, until a violent event shatters that sense of security. The city witnessed about 28,000 felony assaults in 2023 alone, which is an increase of more than 1,600 from previous year. The reality is that violent incidents in places of business are reported more often than most realize, challenging the notion that public spaces are inherently safe. If you were attacked or assaulted within a commercial space, continue reading to learn about your legal options.
New York’s Negligent Security Doctrine
Under New York law, business owners have a legal duty to provide a reasonably safe environment for anyone who legally enters their premises. Property owners and managers are required to take reasonable steps to ensure the safety of those on their premises. This includes protecting them from foreseeable harm, which could come from criminal acts by third parties.
A business can be held liable if it is determined that the assault was predictable, and the business failed to take reasonable measures to prevent it. Here is how it works:
- Foreseeability: If previous crimes occurred on or near the premises, or if the area is known for a high crime rate, it may be considered “foreseeable” that a crime could occur. Businesses are expected to be aware of these risks.
- Adequate Security Measures: If a crime is probable, establishments must implement sufficient lighting, security cameras, security personnel, secure locks, and other safety protocols.
- Breach of Duty: If they fail to provide these security measures, and that failure leads to someone getting injured, the business may be seen as having breached its duty.
- Causation: It must be shown that the lack of security steps was a significant factor in the occurrence of the crime.
- Damages: Finally, the victim must demonstrate that they suffered harm as a result of the assault, which can include physical injuries, emotional distress, medical expenses, and more.
So, if you were attacked in a commercial space in New York, and your attorney can prove that the place did not take judicious steps to prevent such an incident despite it being foreseeable, you might be able to file a negligent security claim against the store.
Duty to Protect applies to:
- Commercial Property Owners: Owners of retail stores, malls, parking lots, nightclubs and bars, banks, casinos, and any other commercial establishments.
- Residential Property Owners: Apartment building owners and landlords.
- Public Property Managers: Organizations managing parks, libraries, sidewalks, schools, and government buildings.
What if the Attackers are Not Identified?
Even if the individuals who attacked you have fled the scene, you may still have options to pursue a personal injury claim under negligent security. Your claim would focus not on the attackers themselves, but on the premises where the attack occurred. You would need to demonstrate that the business had a duty to provide a safe environment, that they breached this duty by failing to take reasonable security measures, and that this failure allowed the attack to happen.
This is why it is so important to work with a good personal injury attorney who specializes in premises liability and negligent security cases. They will collect critical evidence, including records of previous incidents at the same location or in the vicinity, testimonies about the lack of security measures (like inadequate lighting, absence of security guards, faulty doors or locks), and crime statistics for the area. Medical records, photographs of injuries, and documentation of any psychological effects are also needed to establish the extent of the damages you suffered as a result of the attack.Depending on the coverage of the business, you might be able to claim against an insurance policy that the business holds, especially if the policy covers injuries to patrons.
Immediate Steps After the Assault
If you are attacked, assaulted, robbed or mugged at a commercial place in New York, taking the following steps can significantly impact your safety and the strength of any legal action you might pursue.
- Move to a safe location immediately. If you're in immediate danger, seek help from security personnel or other individuals nearby.
- Dial 911. Report the assault to the police as soon as possible.
- Even if injuries seem minor, visit a hospital or a doctor. Injuries can sometimes appear or worsen, and your medical records will serve as important evidence if you decide to pursue legal action.
- Take photos of your injuries and the location where the assault occurred. Make notes on the time, the sequence of events, and any conditions (like poor lighting or lack of security) that might have contributed to the event
- If there were any witnesses, obtain their names and contact information.
- Once the police report is filed, ask for a copy. This will be a crucial document if you decide to pursue a legal claim.
- Compile and organize all documentation related to the incident, including receipts for any expenses incurred due to the injury (like medical bills and medications), and any correspondence with law enforcement or the commercial establishment.
- Consult with a premises liability lawyer for legal advice, to help you understand your rights, and discuss the possibility of pursuing a claim for damages. Your attorney will evaluate the foreseeability of the assault and the security measures (or lack thereof) at the premises. They can advise you on the best course of action, whether it is negotiating a settlement or filing a lawsuit.
Be aware of the statute of limitations for filing personal injury claims in New York. You might have only 90 days within which to make a claim if a municipality is involved. Discuss these timelines with your attorney to ensure you do not miss any critical deadlines. If you decide to proceed with a lawsuit, be prepared to provide evidence and possibly testify about your experience. Your attorney will guide you through the preparation process and represent you in all legal proceedings.
Talk to Our New York Premises Liability Lawyer Today
Experiencing a violent attack in a place where you expected to be safe can be profoundly destabilizing. At the Law Offices of Michael S. Lamonsoff, PLLC, we understand the gravity of your situation and will fight back with the full force of our extensive legal arsenal. Turn to Michael "The Bull" Lamonsoff, whose fierce reputation and aggressive litigation tactics have made him a cornerstone of personal injury law in New York. Call at 212-962-1020 or send a message here to see how Michael can help you move forward from this ordeal with the financial support necessary for your recovery.