How are damages awarded in negligent security cases?
Damages awarded in negligent security cases vary depending on the state. In New York, damages are usually awarded for both economic and non-economic losses. Economic damages refer to costs associated with the injury such as medical bills, lost wages, and property damage. Non-economic damages refer to damages for pain and suffering and emotional distress. In New York, there are two types of damages that could be awarded to a plaintiff in a negligent security case. Compensatory damages are damages designed to make the injured party “whole” and put them in the same position they would have been in if the negligent security hadn’t occurred. Punitive damages are additional damages meant to punish the defendant and deter them from behaving negligently again. In addition, New York also allows for a third type of damages called “negligence per se.” This refers to the automatic awarding of damages if the defendant is found to have violated a law regarding safety. For example, if a building owner was found to be in violation of fire safety codes, any losses resulting from a fire would be compensable. The amount of damages awarded also depends on the severity of the negligent security. The more serious the injury or losses, the higher the damages are likely to be. However, the court will always consider the circumstances of each case before making a ruling on damages.
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