Property owners in New York have a legal duty to provide reasonably safe environments—not just by preventing physical hazards, but also by taking reasonable steps to deter foreseeable criminal acts. When someone is injured due to an assault, robbery, or similar crime on a property with poor security, the victim may be able to file a negligent security lawsuit.
Negligent security is a subset of premises liability law that holds property owners accountable when inadequate safety measures contribute to a criminal attack. These cases often involve:
- Apartment buildings with broken locks or unsecured entrances
- Hotels and parking garages lacking lighting or surveillance cameras
- Bars, clubs, or retail stores with no trained security personnel
- Campuses or commercial buildings with a history of similar incidents
The central question in these cases is often whether the attack was foreseeable. If the property owner knew—or should have known—about similar crimes in the area and failed to act, they may be found negligent.
What Makes a Negligent Security Case?
To succeed in a negligent security claim, a victim must generally prove:
- The property owner owed a duty of care
- That duty was breached by failing to implement reasonable security measures
- The breach allowed a third-party criminal act to occur
- The victim suffered harm as a result
Documentation is key. Security footage, police reports, and prior complaints or incident logs can help establish the owner’s knowledge and failure to act.
Who Can File a Claim?
Victims of assault on premises may include:
- Tenants injured in their apartment complex
- Hotel guests attacked due to faulty security measures
- Customers or visitors harmed on commercial property
Injuries from these attacks can be both physical and psychological. Victims may be entitled to compensation for:
- Emergency and ongoing medical care
- Therapy or counseling costs
- Lost income
- Pain and suffering
At Sullivan Papain, our NYC premises liability lawyers handle negligent security cases with the care and sensitivity they demand. We understand the trauma that comes with these incidents and are committed to helping our clients seek justice and financial recovery.