Does Premises Liability Cover Assault on Long Island?
Premises liability could cover assaults that occur on Long Island. The New York State Bar Association (NYSBA) affirms that a third party’s criminal acts could fall under the legal purview of premises liability. Suppose a property owner or manager did not take reasonable precautions that may have protected you or a loved one from being the victim of an assault. In that case, the said owner or manager could be accountable for the assault’s harm.
If you have questions about your specific circumstances, including premises liability coverage, then a lawyer may be able to answer your inquiries.
Premises on Long Island Must Be Safe
Long Island and New York state are populated with all different kinds of premises. Some of the general categories that a property may fall into are:
- A business
- A residence
- A publicly-owned building
The owners of these and other property types must ensure that people who come onto the property are safe. Your ability to bring a premises liability suit may depend on whether you or a loved one were legally on someone else’s property.
A lawyer or their team can answer any questions you or a loved one have about your case. You generally have legal protections if negligence from a property owner occurs.
Negligent Security May Allow an Assault to Occur
One possible way that premises liability could be relevant is in the case of an assault allowed by negligent security. In certain instances, a property owner could be negligent because of their actions, such as stacking items in a walkway or failing to clean up a spill. Yet, even if a third party commits an assault, a property owner may still be liable.
This can occur under the following circumstances:
The Owner Did Not Have Security Guards on Staff
Having human security guards capable of keeping patrons and employees safe could be one way for a property owner to avoid a premises liability lawsuit. Negligent security may be especially egregious if:
- The area where a property is located is known to have a criminal presence
- The property has been affected by crime in the past
- The property owner should suspect for any reason that a crime (such as an assault) could occur on their property
A property owner could be responsible for not protecting you or your loved one by failing to employ capable human security guards.
The Owner Did Not Have Video Monitoring of the Premises
Suppose that the owner failed to have functioning, well-positioned video cameras. In that case, they may have failed to see that a potentially dangerous situation was occurring. Failing to have cameras may also mean that, when an assault occurs, there is no visual evidence of the incident after the fact. This could allow the direct perpetrator of the assault to get away with their crime.
Having video cameras could help identify the party who assaulted you or a loved one, as well. If a property owner did not have cameras installed, they might be the party you look to for liability.
A property owner could be responsible for the harm that comes to guests, customers, and employees. A lawsuit or insurance claim may be necessary to hold a property owner financially responsible for negligent security—or any other conditions contributing to your assault.
A Lawsuit or Claim May Lead to Coverage for You
Every case of assault must be assessed on its own merits. Before determining who may owe you or a loved one compensation for your losses, a lawyer or their team can review your case and establish:
- Whether an insurance claim or lawsuit makes the most sense based on your specific circumstances
- Who the subject of your insurance claim or lawsuit should be
- What your losses are
- How much your losses are worth in terms of damages
A lawyer can discuss with you how they plan to pursue compensation for you or a loved one. If you agree to their terms, which may include no payment out of your own pocket, then they can begin your case for fair awards.
A lawyer and their team will defend your rights. They will collect evidence, conduct witness interviews, file paperwork, and complete any other steps that will lead to your case’s resolution. Ultimately, your lawyer and their team will seek to secure compensation for you through a judgment or settlement.
Call the Law Office of Cohen & Jaffe, LLP to Talk About Your Case
We represent clients on Long Island and several neighboring counties. We can represent you or a loved one who has suffered losses because of an assault. Call the Law Office of Cohen & Jaffe, LLP today at (866) 878-6774 for a free consultation.
We will explain whether premises liability covers your assault on Long Island, and we will fight for the justice that you deserve.
