What are the defenses in negligent security cases?

When an individual files a negligent security case, they are claiming that the organization responsible for keeping them safe failed to do so. An individual can bring a lawsuit in New York if they were hurt due to a lack of reasonable security or safety measures. When a defendant is accused of negligence in security, they may defend their case by proving that they did not act carelessly in their security duties. For instance, they may be able to show that they had taken the necessary safety precautions or that the harm was caused by a third-party and not their negligence. In some cases, the defendant may also be able to prove that the plaintiff was partially or fully to blame for the incident. In New York, a person filing a negligent security lawsuit must prove that the defendant acted negligently in order to prove their case. Additionally, defendants may be able to argue that the victim should have been aware of the risks and taken precautionary measures, such as avoiding risky areas or taking certain safety measures. This is known as the ‘comparative fault’ defense which reduces the amount of compensation an individual can receive if they are found partly responsible for their injuries. Finally, defendants may argue that the plaintiff failed to mitigate their damages or take reasonable steps to reduce the amount of harm caused. In other words, if the victim had taken necessary steps to reduce the damage or injury, the defendant could argue that the plaintiff is partially or fully responsible for the harm caused.

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What are the defenses in negligent security cases?

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