What are the common defenses raised during a negligent security lawsuit?

Negligent security lawsuits are common in New York, as they involve an allegation that the property owner or business did not properly secure the premises and as a result, the plaintiff suffered injuries or damages. Defenses may vary from case to case depending on the facts of the particular case. Generally, the following defenses are raised during a negligent security lawsuit: 1) Property owner lacked duty of care: The property owner may argue that they did not owe the plaintiff a duty of care. For instance, if the plaintiff was an intruder, the property owner may claim that they were not responsible for the person’s safety since they were not on the premises legally. 2) Assumption of risk: The property owner may argue that the plaintiff assumed the risk of harm when they chose to enter the premises. This defense is usually used by property owners who had clear warnings of potential danger on the premises. 3) Contributory negligence: This defense claims that the plaintiff’s own negligence contributed to their injury or damages. The property owner may argue that the plaintiff’s actions, or lack thereof, were responsible for the harm they suffered. 4) Comparative negligence: This defense is similar to contributory negligence, but it acknowledges that both parties are partly to blame. It looks at the extent of each party’s negligence and assigns responsibility accordingly. These are the most common defenses used in a negligent security lawsuit in New York. However, defenses may vary from case to case depending on the facts of the particular case.

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What are the common defenses raised during a negligent security lawsuit?

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