In recent months, the incidence of shoplifting and looting in retail stores across New York has reached alarming levels. This surge in criminal activity has led to significant concerns for both retail business owners and their customers.

The brazen nature of these criminal acts has resulted in a heightened sense of insecurity within retail locations, with many innocent bystanders being caught in the crossfire. This not only poses a threat to public safety, but it also has significant implications for potential premises liability lawsuits.

Given the frequency and severity of these incidents, it is crucial for retail businesses to take proactive measures to ensure the safety and security of their premises. Additionally, it is important for individuals who have been affected by these criminal acts to seek legal guidance to understand their rights and potential avenues for recourse.

HAVE PEOPLE BEEN INJURED BY SHOPLIFTERS OR LOOTERS?

In recent years, there have been numerous incidents in New York State where individuals have been injured by shoplifters or during looting. For example, in 2019, a shopkeeper in Manhattan was injured while trying to stop a shoplifter from leaving the store with stolen merchandise. Additionally, during the wave of looting that occurred in New York City in 2020, several store owners and employees were injured while trying to protect their businesses from looters. The moral of the story is this: when criminality occurs, no one is really "safe".

These incidents illustrate the potential dangers that shoplifters and looters pose to both retail employees and customers. In the context of premises liability lawsuits, these incidents highlight the need for retail stores to take appropriate security measures to protect their employees and patrons from harm. When a store fails to provide adequate security and someone is injured as a result of a shoplifting or looting incident, the store may be held liable for the injuries sustained.

WHAT SHOULD I DO IF I'M ATTACKED OR INJURED BY A CRIMINAL IN A STORE?

If you are attacked or injured by a criminal in a store, the first and most important thing to do is seek medical attention immediately. Your health and well-being should be your top priority.

After seeking medical attention, it is important to report the incident to the store management and, if necessary, to the police. Make sure to gather as much information and evidence as possible, including the contact information of any witnesses and store employees who may have seen the incident.

It is also advisable to contact a personal injury attorney to discuss your rights and options for seeking compensation for your injuries. A knowledgeable attorney can help you navigate the complexities of premises liability law and determine if the store may be held liable for the criminal act that led to your injuries.

By taking these steps, you can protect your rights and ensure that you receive the compensation you may be entitled to if you have been injured in a store due to the actions of a criminal.

IS A STORE LIABLE IF I'M INJURED BY CRIMINAL ACTIONS IN THEIR LOCATION?

Yes, a store can be held liable for injuries sustained due to criminal actions on their premises. Premises liability laws hold property owners responsible for maintaining a safe environment for visitors and customers. This includes taking reasonable steps to prevent criminal activities such as shoplifting, theft, or assault. If a store fails to provide adequate security measures or ignores known risks, they can be held accountable for injuries resulting from criminal actions on their premises. It's important for those injured in such situations to seek legal guidance to determine if they have a valid premises liability claim against the store.

DOES THE LIABILITY CHANGE DEPENDING ON WHETHER SECURITY WAS THERE?

In New York, the presence of private security in a retail store can impact the liability of the store in the event of an injury caused by a criminal. The presence of security may demonstrate that the store took reasonable measures to provide a safe environment for its customers and employees. If security is present and actively monitoring the store, it can be argued that the store fulfilled its duty to provide adequate security measures. In this case, the store may have a stronger defense against a premises liability lawsuit.

However, if the security was present but not actively monitoring the store or failed to intervene in a timely manner, the store may still be found liable for the injury. Additionally, if it can be proven that the store had prior knowledge of criminal activity in the area and failed to take appropriate action, they may be held responsible for the injury.

Ultimately, the presence of security in a retail store can impact the outcome of a premises liability lawsuit, but it is not a definitive factor. The store's actions and the specific circumstances surrounding the incident will also be considered in determining liability.



WHAT IS THE CONCEPT OF NEGLIGENT SECURITY?

In New York premises liability cases, the concept of negligent security refers to the legal obligation of a property owner or retailer to provide a safe and secure environment for their customers. This includes taking reasonable measures to protect customers from foreseeable criminal acts, such as shoplifting or violent crimes.

When a retail store fails to implement adequate security measures, such as surveillance cameras, security personnel, proper lighting, or secure entryways, they may be held liable for any injuries or damages that occur as a result of criminal activity on their premises. This is known as negligent security liability.

In the context of shoplifting, if a store is aware of a history of shoplifting incidents on their premises and fails to take reasonable steps to prevent future occurrences, they may be found negligent in the event that a customer is harmed during a shoplifting incident. This could result in the store being held responsible for compensating the injured party in a premises liability lawsuit.