Some of my clients have been injured in buildings through no fault of their own because of a criminal assault or a criminal attack. How those cases are handled and whether there is a case depends upon the specific facts as to what happened. If someone is standing in the lobby waiting for an elevator, and somebody comes up behind them, and attacks them, and injures them, they obviously have a claim against the assailant if they can catch the person that did it. Whether or not that person would have funds necessary to compensate the perspective client for their injuries is another question. Sometimes, what we need to do is we need to lead to other people that may be responsible.
In an area with a high crime rate or crime statistics show that it’s foreseeable that crime will happen in that area, the building is responsible for making sure that it’s reasonably safe. It needs working door locks and intercom systems. If those are broken, and we can show that the assailant got into the building and doesn’t live at that building, because of that, that’s called a negligent security case. In that case, we can recover against the building for you. If it’s someone who lives in the building who assaulted you, then it becomes a different question. It’s no longer a negligent security case. If the building knew or should have known that the person who attacked you lived in the building and was dangerous, there may be another theory yet that we can pursue against the building owner. There are multiple options for this type of case.
If you are in need of legal counsel in regards to a personal injury in New York, please contact The Law Offices of Jonathan D. Sands and we would be happy to assist you.