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Medical Malpractice Lawyers
06 May 2014

Proving Liability in a Negligent Security Case

In most counties in the NYC area, negligence trials are held in two parts: liability first and, if the plaintiff is successful, damages in the second part. Lipsig partners, Tom Moverman and Marc Freund, recently completed both parts of a negligent security case for one of our clients and obtained a damages verdict of $13,000,000 for her.

Case Breakdown: Negligent Security In New York City

During the liability part of this case, Moverman and Freund, personal injury lawyers in NYC, had the responsibility to prove that a security company was careless and negligent while doing its job at a homeless shelter and that its negligence was the cause of our client’s injuries.

At the end of the first part of the trial, the jury determined that the security company was at fault in the attack upon our client, who worked in the shelter, by a violent former resident. We proved that our client’s injuries took place in our client’s own office when, despite orders that same day to keep the former resident out of the building since she was violent and threatening more violence, the security firm then allowed the former resident back into the facility.

How Is Negligent Security Defined?

We proved that the security firm was legally responsible by showing the Court and jury that it was liable under three (3) New York state legal principles.

1) We proved that the security company breached its contract with the manager of the shelter. We utilized the security services contract itself to prove at trial that the security firm broke its contract and that its breach was a substantial factor in the assault.

2) We proved that the security company was responsible under New York law when it allowed the violent and threatening former resident to re-enter the building and commit the assault. We proved how its reckless conduct was one of the exceptions to the New York legal rule that can give immunity to contractors who are negligent but that do not have a contract with the victim of the security negligence.

3) In our third liability approach, we proved that our client was reasonable to rely on the security company’s promise to keep the violent resident out of the building after the initial attack and threats. At trial, we utilized the security supervisor’s reports and deposition that confirmed our client’s and other workers’ testimony that the security supervisor reassured her that she would be safe to stay at her job in the building since it would not allow the assailant back into the building.

Have You Suffered Because Of Negligent Security?

Lipsig partners, Tom Moverman and Marc Freund, are pleased and excited for our client that the jury agreed with the evidence we submitted during the trial to help this client to prove her case in court. We are personal injury lawyers in NYC with years of experience. Whether you’ve suffered from security negligence or another cause, we can help you get what you’re owed. Call today at 800-566-6994 or fill out our contact form here.