Are negligent security cases hard to win?

Negligent security cases can be difficult to win in New York, depending on the circumstances. This is because most negligent security cases involve the concept of “comparative negligence.” This means that both parties, the victim and the defendant, can both be found legally at fault for the incident. In New York, if the victim is found to be more than 50% at fault, they cannot recover any damages. This means that proving the defendant was negligent is not enough – the burden is on the victim to demonstrate that they were not more than 50% at fault. The difficulty of winning a negligent security case can further increase depending on the specifics of the case. For example, the defendant might argue that the victim should have been aware of the risk - and taken steps to avoid it - or that security that was in place was sufficient. These defenses can often be very difficult to refute. Additionally, the court will take into account the individual journeys of the parties involved – for example, if a tenant failed to renew their lease, the court may point to this as evidence that the tenant was aware of the risks involved and failed to take necessary precautions. In conclusion, negligent security cases can be very hard to win in New York due to the concept of comparative negligence. The burden of proof is on the victim to demonstrate that they were not more than 50% at fault, which can be difficult depending on the specifics of the case.

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Are negligent security cases hard to win?

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