What type of evidence do I need to prove negligence in a negligent security case?
In a negligent security case in New York, evidence of negligence must be proven to make a successful claim. Generally, a plaintiff must prove three things: 1) That the defendant owed the plaintiff a duty of care, 2) That the defendant breached their duty of care, and 3) That the breach of duty was the proximate cause of the plaintiff’s injuries. To prove negligence, documents such as surveillance video, police reports, photographs, and other evidence should be used to show the circumstances surrounding the incident. Plaintiffs may also use circumstantial evidence to prove their case, such as expert testimony from safety and security experts, testimony from witnesses, or reports from the property owner. Plaintiffs may bring in analysts and reconstructive engineers to provide evidence on the broken security standards. In some cases, a plaintiff may need to prove that the property owner should have anticipated or foreseen that an injury could occur on the property. This is known as the “foreseeability” standard. To establish foreseeability, a plaintiff must present evidence that the property owner had knowledge of past criminal activity on the property and had failed to implement adequate security protocols. By presenting evidence in accordance with the elements of negligence, a plaintiff can show that a lack of security caused their injury. It is important to consult with a qualified attorney to ensure you have the evidence needed to bring a successful negligent security case in New York.
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