Understanding Negligent Security Injury Claims In New York
As someone who has spent years helping injury victims throughout New York, I’ve seen firsthand how violent acts can leave more than just physical wounds. Whether it’s an assault in a parking garage, an attack in a hotel hallway, or a robbery at an apartment complex, what many people don’t realize is that these incidents may be the result of negligent security. In New York, property owners have a legal duty to provide a reasonably safe environment. When they fail to do that and someone gets hurt, the law allows that victim to hold the property owner financially responsible.
Negligent security claims fall under the broader category of premises liability law. Unlike other personal injury cases that involve car accidents or slip and falls, negligent security involves violent criminal acts that could have been prevented with proper safety measures. These cases are not just about holding the criminal accountable—they are about holding the property owner or business accountable when they failed to do what the law requires.
New York law doesn’t require property owners to guarantee your safety. But under the general principles of negligence, and as supported by case law and statutes like New York General Obligations Law § 5-321, owners and operators of property must take reasonable precautions to prevent foreseeable harm. If a property is located in a high-crime area or has a history of similar incidents, then security measures such as lighting, surveillance cameras, and security personnel may be expected. When those basic safety steps are missing or ignored, and someone gets hurt as a result, that’s when we step in.
When Negligent Security Becomes A Legal Case
To bring a negligent security claim in New York, several things must be proven. First, I must show that the property owner had a legal duty to protect you. That typically means you were lawfully on the property—such as a guest, customer, resident, or employee.
Next, we must show that the owner failed to take reasonable steps to keep the area safe. That could include:
- Not fixing broken door locks
- Failing to install or maintain lighting in parking lots
- Ignoring reports of prior criminal activity
- Not hiring security personnel where necessary
- Failing to monitor security cameras
Finally, I need to prove that this failure directly caused your injury. If someone broke into your apartment because the front door lock had been broken for weeks and management ignored your complaints, then that property owner may be liable for the harm you suffered.
Common Locations For Negligent Security Injuries
Some of the most common places where negligent security claims arise include:
- Apartment complexes
- Hotels and motels
- Shopping malls and parking lots
- Bars and nightclubs
- Office buildings
- College campuses
- Public transit hubs
I’ve handled cases where victims were attacked in stairwells, parking garages, or even while leaving work late at night. Many of these crimes could have been stopped—or never would have happened—if the property had the proper security.
Compensation Available In Negligent Security Cases
If you’ve been hurt due to negligent security, you may be entitled to compensation for:
- Medical expenses
- Lost wages
- Pain and suffering
- Emotional trauma
- Ongoing therapy or counseling
- Future lost earnings if you can’t return to work
The emotional damage from an assault or violent incident often lasts far longer than the physical injuries. That’s why I take the time to make sure we document everything—not just your medical bills, but the full impact this incident has had on your life.
How We Prove Negligent Security In New York
Proving negligent security means collecting evidence that shows the owner knew—or should have known—that the property was dangerous.
This may include:
- Police reports showing past incidents at the same location
- Testimony from tenants, employees, or neighbors
- Surveillance footage (if it exists)
- Maintenance records showing delayed or denied repairs
- Security logs, or the lack of them
Time is critical. Security footage can be erased, and witnesses can become harder to find. That’s why I recommend talking to an attorney right away if you’ve been hurt on someone else’s property.
Time Limits To File A Negligent Security Claim In New York
Under New York Civil Practice Law and Rules (CPLR) § 214, you generally have three years from the date of the injury to file a lawsuit for personal injury. However, if the property was owned by a public entity, such as a city housing authority, you may have as little as 90 days to file a Notice of Claim under New York General Municipal Law § 50-e.
Negligent Security Frequently Asked Questions
What Is Negligent Security Under New York Law?
Negligent security occurs when a property owner fails to provide reasonable protection from foreseeable criminal acts. This includes not fixing broken locks, ignoring previous criminal activity, or failing to have adequate lighting or security in place.
Who Can Be Held Liable In A Negligent Security Case?
The property owner is usually the primary defendant. However, building managers, security companies, landlords, and even event organizers may also be held responsible depending on the circumstances.
Do I Still Have A Case If The Criminal Was Never Caught?
Yes. A negligent security claim is against the property owner—not the criminal. Your case focuses on whether the owner failed to provide reasonable safety measures, not whether the attacker is prosecuted.
How Can I Prove That A Crime Was Foreseeable?
We often use police reports, crime statistics, and prior incident reports at the same location to show that the risk of harm was known or should have been known to the property owner.
What If I Was Attacked In A Bar Or Nightclub?
If the bar had poor lighting, inadequate security staff, or a history of violent altercations, the owner may be held liable. This applies to both indoor and outdoor areas, including parking lots.
Can I Sue My Landlord If I Was Attacked In My Apartment Building?
Yes. If your landlord failed to fix a broken door, ignored past complaints about safety, or failed to provide basic security features, you may have a claim under New York premises liability laws.
What If I Was Trespassing When The Attack Happened?
If you were trespassing, the property owner owes you a lower duty of care. That said, each case depends on the facts, and there may still be liability in some situations.
How Much Is My Negligent Security Case Worth?
That depends on the severity of your injuries, your medical costs, lost income, and the emotional impact of the incident. We evaluate each case individually and pursue the compensation that reflects your losses.
What Should I Do After An Assault On Someone Else’s Property?
Call the police immediately, seek medical attention, and take photos if possible. Report the incident to the property manager and contact an injury lawyer as soon as you can.
How Long Do I Have To File A Lawsuit For Negligent Security In New York?
You typically have three years from the date of the incident. However, if a public agency owns the property, you may need to file a Notice of Claim within 90 days.
Contact Our Fishkill Personal Injury Attorneys
At Jonna Spilbor Law, we know how life-changing a violent injury can be, especially when it could have been prevented. We help victims of negligent security take legal action and pursue justice through the civil court system. You shouldn’t have to suffer because someone else failed to do their job.
Call Jonna Spilbor Law today for a free consultation at (845) 485-2529. We proudly represent clients throughout the Hudson Valley, including Dutchess County, Putnam County, and New York City. If you’ve been hurt due to negligent security, we’re ready to fight for you. To receive a free consultation, contact our Fishkill personal injury attorney at Jonna Spilbor Law.
