Standing Strong for Victims of Violent Crime in Westchester: How Negligent Third Parties Can Be Sued for Financial Compensation for Failing to Prevent Crime on Their Property
If you or a loved one has been the victim of a crime in Westchester County that caused serious injury or death, you may be able to bring a civil lawsuit seeking financial compensation. The lawsuit can be brought in addition to a criminal prosecution of the perpetrator or even in the absence of one.
It is important for victims of violent crime in Westchester to know that it is not just the perpetrator of the crime that they might be able to sue.
Third parties such as property owners, landlords, hotels, bars, shopping malls, businesses, or schools can be sued for financial compensation when their negligence makes them legally responsible for the injuries or death.
Michael J. McConnell is a Westchester County personal injury lawyer and a former NYC criminal prosecutor who recognizes the forever impact that violent crime has on victims and their families. Whether it is a severe life-altering physical injury, emotional trauma, or the forever heartbreak of losing a loved one to violent crime, Michael J. McConnell stands ready to seek justice by relentlessly pursuing maximum financial compensation for crime victims in Westchester County.
Schedule a free consultation to have your case evaluated by personal injury attorney Michael J. McConnell today.
Select any of the three options below to schedule your free case evaluation if you or a loved one has been the victim of a violent crime in Westchester, including Yonkers, Mount Vernon, New Rochelle, or White Plains.
- Call (914) 810-0510
- Email info@mcconnellinjurylaw.com
Submit an online request here: Free Consultations for Westchester Crime Victims
The Difference Between Criminal and Civil Liability According to Westchester County Crime Victims Lawyer Michael J. McConnell
When we think of violent crime, we often think of arrests and a criminal prosecution where a District Attorney or prosecutor from the government seeks to convict the defendant and send them to prison as punishment.
While for many victims it is important to see the perpetrator held criminally liable and punished, it is important for them to know that the criminal justice system is not the only way to pursue justice and accountability for the crime.
The civil justice system exists separate from the criminal justice system. In the civil justice system, the purpose is to allow victims to seek financial compensation.
This is important for many victims of violent crime because the criminal justice system’s focus on punishment and jail time doesn’t do much to compensate victims – some of whom will have significant medical expenses, lost wages, and lifelong trauma from the crime.
In addition to the big difference between the criminal justice system’s focus on punishment versus the civil justice system’s focus on compensation, there are several other key differences that crime victims in Westchester should understand, including:
- Control of the case: Criminal cases are brought by a prosecutor with the Westchester County District Attorney’s Office whereas civil cases are brought by the victim individually through a personal injury lawyer of their choosing. This gives victims more control and autonomy over a civil case than the criminal case.
- Burden of proof: Criminal prosecutions require proof “beyond a reasonable doubt” which is much higher than the proof needed for a civil lawsuit, which is generally “preponderance of the evidence.” This can sometimes make it easier to prove certain things in a civil case than a criminal case. For example, former NFL player O.J. Simpson was famously acquitted and found not guilty at his criminal trial for murder in the 1990s, but he was still liable in a civil lawsuit for wrongful death.
- Expanded liability: The penal law in New York is very limited regarding who can be found guilty of a crime. This generally means that in most cases a violent crime will only result in a prosecution of the criminal who actually committed the offense or any true accomplices. In a civil case, however, liability for the event can expand to others whose negligence is legally responsible for the injuries or death. So even though those third parties might not be criminally responsible and thus subject to punishment like prison time, they could still be civilly responsible and thus be required to compensate victims.
Negligent Security in Westchester County
A victim of a violent crime in Westchester County can of course sue the perpetrator for their intentional wrongdoing, but they can also sue a negligent third party. Lawsuits like this are generally brought as a “negligent security” case.
In general, property owners such as businesses and landlords have a legal duty to take reasonable measures to protect occupants and lawful visitors from reasonably foreseeable criminal harm on their property.
If a violent crime is committed on a property and there is evidence that the owner (or some other entity in charge) failed to take reasonable steps to protect against a foreseeable risk, they can be sued for the harm that results, which can include:
- Death
- Traumatic Brain Injury
- Broken Bones
- Paralysis
- Internal Bleeding
- Deep Lacerations
- Gunshot Wounds
- Psychological and Emotional Trauma (PTSD, anxiety, depression, etc.)
- Concussions
- Scarring
- Disfigurement
Examples of When Westchester Crime Victims Can Sue Someone Besides the Perpetrator
The following types of violent crimes can give rise to a civil lawsuit for negligent security depending on where, when, how, and why the crime occurred:
- Sexual Assaults and Sexual Abuse – including rape, attempted rape, sexual misconduct, sexual conduct against a child, etc.
- Homicide – including murder, manslaughter, and criminally negligent homicide.
- Domestic Violence – including strangulation, assault, etc.
- Robbery – including robberies with a firearm, knife, or other dangerous weapon.
- Assault – including both felony and misdemeanor assaults.
Landlords Liable for Criminal Activity in Westchester County
A crime victim might have a valid claim for negligence against a landlord in countless situations.
For example, if a tenant was shot by a robber inside a building hallway because the robber was able to gain access to the building by a door without a working lock that the landlord unreasonably failed to fix, the victim might be able to sue the landlord.
There are also cases where the landlord might hire security staff to prevent foreseeable crimes but then fail to properly train or supervise them.
It is not at all uncommon to encounter instances of security staff being totally ineffective – including sleeping on the job. Therefore, even in situations where it seems like the landlord took some steps to prevent crime, they might still be liable if they didn’t follow through by properly supervising employees.
Hotels Liable for Crimes Due to Negligent Security
Hotels owe their guests a duty to provide reasonable safety measures. When they fail to do so, they could be found liable for injuries that result from foreseeable crimes.
For example, if someone is sexually assaulted in a hotel room due a malfunctioning door lock that the hotel knew or should have known about, they can be sued for their negligence.
Additionally, hotels and motels have been held liable for damages for their negligent actions and omissions in cases involving sex trafficking, sexual abuse, and sexual assaults.
For example, in some of those cases, the hotels ignored obvious signs of sex trafficking or even worse facilitated it.
If you or a loved one was a victim of sex trafficking or sexual assault at a hotel or motel, please know that attorney Michael J. McConnell offers free consultations that are completely confidential to survivors of sexual abuse and sexual assault in Westchester.
Bars and Nightclubs Can Be Sued for Inadequate Security
It is fairly common for bars and nightclubs to have bouncers or security staff to ensure the safety of their guests against the known risks of alcohol fueled assaults among other offenses.
In situations where bars and clubs either have no security, understaffed security, or improperly trained security, a victim of a bar assault may be able to pursue a lawsuit as a result.
In general, these types of cases will be strongest when there is evidence that shows a significant history of similar crimes or assaults happening at the bar. If they still failed to increase security measures in response to the problem, that can be strong evidence of negligence.
Shopping Malls Owe a Duty to Protect Customers Against Reasonably Foreseeable Crimes
Shopping malls are definitely one of the top targets for opportunistic criminals. Some malls have high-end stores with expensive items, which tend to attract customers with plenty of money. Additionally, Westchester County in particular is known to be one of the more affluent places in the country, which makes shopping malls in the area ideal targets for robberies.
A shopping mall, a store within, or a vendor hired to provide security there can be found liable for injuries resulting from crimes on its premises in a number of ways, including inadequate security, poor lighting, lack of cameras, or non-functioning emergency call boxes.
Proving a Negligent Security Case in Westchester Requires a Thorough Investigation and Strong Evidence
Injuries that victims suffer from crimes are often severe and in some cases fatal. While a negligent security case may therefore warrant a demand for significant compensation based on the harm suffered, the landlord or business may dispute that they should be liable for the injuries by claiming that their actions were not negligent.
For this reason, a thorough investigation from day one by a diligent personal injury lawyer can be critical to proving liability. Delays at the beginning of a case can be costly since evidence or key witnesses could go missing.
In particular, surveillance footage often gets automatically deleted after a certain period if not preserved. It is also a real concern in these types of cases that the landlord or business could intentionally delete or destroy key evidence, including surveillance footage, if not requested quickly enough.
Important Evidence in a Negligent Security Case Involving Victims of Crime in Westchester
- Security footage
- Photos of the scene
- Witness statements
- Police reports
- Crime statistics for the location or area
- Maintenance logs
- Security records
- Medical records for the victim
- Photos of visible injuries
- Expert testimony from a security expert and/or a medical expert depending on the case
Similar to a criminal arrest and prosecution, obtaining important evidence as quickly as possible is absolutely essential. Cases are won by being proactive, not reactive. For that reason, negligent security cases must be treated seriously from the start and important leads must be followed up on with a tremendous level of diligence.
Hiring a Personal Injury Lawyer if You Have Been the Victim of a Crime
Hiring a personal injury lawyer in Westchester County for crime victims can be an important first step in seeking justice and compensation for serious injuries related to a criminal offense.
Free Consultations for Crime Victims and No Fee Unless You Win Your Case
In addition to offering free consultations, personal injury lawyers represent crime victims on a contingency fee basis. This means the lawyer will only get paid if they take the case and win. If you don’t get compensated, neither will your lawyer.
The contingency fee arrangement creates a tremendous incentive for the personal injury lawyer pursuing your negligent security case to maximize the value of it. The more money you get, the more money they will get.
Perhaps more important is that the contingency fee allows victims of crime to hire legal representation without worrying about cost. This promotes access to justice for people who might not ordinarily be able to hire a good lawyer if they had to pay for the lawyer up front. The good news is that with personal injury cases, including those involving negligent security and crime victims, it costs nothing upfront to retain the lawyer of your choice.
Want to learn more about how attorney Michael J. McConnell can help pursue compensation for you if you have been a victim of a violent crime in Westchester?
Call now for a free consultation: (914) 810-0510.
Or click here to submit a request.
The Law Office of Michael J. McConnell is dedicated to representing crime victims against negligent landlords, hotels, businesses, and other institutions in Westchester County, including: Yonkers, White Plains, Mount Vernon, New Rochelle, Mamaroneck, Elmsford, Eastchester, Port Chester, Harrison, Ossining, Peekskill, Scarsdale, Rye, and Ardsley.