New York Inadequate Security Lawyer

Violent crime can happen anywhere. When someone is injured or killed during a criminal attack on another person’s property, and the attack could have been prevented with proper security, under New York law the property owner may be legally responsible. Inadequate security claims, also called negligent security claims, fall under the area of premises liability. Property owners, managers, and tenants have a legal duty to take reasonable steps to protect visitors and residents from foreseeable harm, including harm caused by third parties.

If you or a loved one has been harmed due to a property owner's failure to provide appropriate security, you may have the right to recover compensation. Contact an experienced New York inadequate security lawyer to learn how the law may apply in your case.

What Is an Inadequate Security Claim?

An inadequate security claim is a civil lawsuit brought against a person or entity that controls property where a crime occurred. These cases are based on the idea that the property owner failed to provide reasonable security measures and that this failure contributed to a foreseeable criminal act. Common types of incidents include assaults, robberies, shootings, stabbings, and sexual assaults.

To prove a negligent security claim in New York, the plaintiff must generally show:

• The defendant owed the plaintiff a duty of care. For example, a landlord has a duty to provide a safe common area for tenants and their guests.
• The defendant breached that duty by failing to provide reasonable security. For example, the landlord failed to repair a broken front door lock despite multiple complaints from residents.
• The breach was a cause of the plaintiff’s injuries. For example, an intruder entered through the broken door and assaulted a tenant in the hallway.
• The plaintiff suffered damages as a result. For example, the tenant sustained a concussion and required weeks of medical treatment and missed work.

What Types of Properties Are Often Involved?

Inadequate security claims can arise in many settings, such as:

• Apartment buildings
• Hotels and motels
• Parking lots and garages
• Schools and universities
• Shopping centers and stores
• Hospitals
• Bars and nightclubs
• Office buildings
• Transit stations
• Event venues
• Public housing
• ATM vestibules

However, there are some types of premises where these claims may not apply. For instance, private homes that do not host the public and are not used for business purposes generally do not give rise to inadequate security liability for injuries caused by third-party criminal acts. In addition, claims against government-owned properties may be limited or barred by immunity defenses, especially in cases involving discretionary decisions about police protection. Because the law varies depending on the type of property and the entity responsible for its maintenance, it is important to contact an experienced New York inadequate security lawyer who can assess the facts of your case and help determine your legal options.

What Crimes Can Lead to an Inadequate Security Lawsuit?

Foreseeability is one of the most important elements in an inadequate security case. A property owner is not liable for all criminal acts that happen on their property. However, if the crime was reasonably foreseeable, and the owner failed to take reasonable steps to prevent it, they may be held liable.

Evidence of foreseeability can include:

• Prior similar criminal incidents at or near the property
• Police reports showing a pattern of crime in the area
• Complaints from residents or tenants
• Crime statistics from local law enforcement
• Physical evidence such as broken locks or poor lighting
• Failure to respond to known security threats

In Scurry v. New York City Housing Authority, 2023 NY Slip Op 03636, the New York Court of Appeals held that two wrongful death claims could proceed to trial where tenants were killed in NYCHA buildings with inoperative door locks and prior criminal activity. The court rejected NYCHA’s argument that the murders were unforeseeable or too attenuated. This case highlights that even targeted attacks may support liability if inadequate security created the conditions for the crime.

What Are Common Examples of Security Failures?

Property owners must take reasonable steps to reduce the risk of crime on their premises. When they fail to take basic precautions, visitors, tenants, or customers may be exposed to preventable harm. Below are some common security failures that can form the basis of an inadequate security claim:

• Broken or missing locks on exterior doors. A broken or missing lock can allow intruders to enter a building without resistance. For example, an apartment building with an unsecured front door increases the risk of unauthorized access and potential assaults in hallways or stairwells.
• Poor lighting in stairwells, parking areas, or hallways. Dim or non-functioning lights create hidden areas where attackers can hide or go unnoticed. For instance, a dimly lit parking garage with no motion-sensor lighting may contribute to muggings or other violent incidents.
• Lack of security personnel. Some locations, especially those with a history of incidents, may require security guards to monitor activity and respond to threats. For example, a nightclub that serves alcohol and hosts large crowds might be expected to employ trained bouncers to manage fights or deter violence.
• Inoperable or unmonitored surveillance cameras. Surveillance systems are often used to deter crime and document incidents. If cameras are broken, not recording, or not regularly reviewed, a property owner may be unable to detect and respond to ongoing threats.
• Inadequate visitor screening or access control. Buildings that allow public access—like hotels or office complexes—should have systems in place to control who enters. If someone can walk in without being stopped or screened, the property may be open to crime.
• Ignoring repeated complaints about suspicious activity. If tenants or customers report ongoing security concerns and the owner fails to investigate or take action, it can show a pattern of negligence. This includes reports of loitering, previous break-ins, or aggressive behavior from others on the premises.
• Failure to repair damaged fencing or gates. A broken fence or gate may make it easy for unauthorized individuals to enter the property. For example, a damaged perimeter fence around a residential complex could allow intruders to bypass main entry points altogether.

If you suspect that inadequate security contributed to your injuries, contacting an experienced New York inadequate security lawyer is an important step in protecting your rights and understanding your legal options.

Legal Duty of Property Owners in New York

Under New York law, property owners must take reasonable steps to keep their premises safe for lawful visitors. This includes protecting against hazards such as slippery floors or broken stairs and also includes taking action to prevent foreseeable crimes.

Invitees (such as customers or tenants) and licensees (such as social guests) are generally owed a duty of care. Trespassers are usually owed a limited duty, such as not being intentionally harmed.

New York courts consider many factors when determining whether a property owner acted reasonably:

• The location of the property
• The type of property
• The history of criminal activity
• The cost and feasibility of safety measures
• Industry standards and building codes

In Waters v. New York City Housing Authority, 69 N.Y.2d 225 (1987), a 15-year-old boy was assaulted by a group of teenagers who followed him from a public street into a NYCHA building where the front door lock was broken. The victim's mother sued the Housing Authority, claiming its failure to repair the lock constituted negligence that allowed the assailants to enter and commit the attack. The New York Court of Appeals dismissed the case, holding that NYCHA did not owe a duty of care to the plaintiff because the assault began on public property and the victim had no special relationship to the premises.

Who Can Be Sued in a Negligent Security Case?

Potential defendants may include individuals or entities responsible for owning, managing, operating, or securing the property where the incident occurred. Liability depends on who had control over the premises and who failed to take reasonable steps to prevent foreseeable criminal activity.

• Property owners. The legal owner of the property is often responsible for ensuring that it is reasonably safe for tenants, customers, and other lawful visitors. If the owner failed to maintain lighting, locks, surveillance systems, or other basic security features, they may be held liable for resulting injuries. This includes owners of apartment buildings, shopping centers, hotels, and other commercial or residential properties.
• Property management companies. These companies are often hired by property owners to oversee day-to-day operations, including safety and maintenance. If a management company was responsible for ignoring complaints, failing to repair broken security systems, or not responding to past incidents, they may be a proper defendant. Liability may arise even if the company does not own the property but exercises control over its security.
• Commercial tenants. Businesses that lease space, such as bars, nightclubs, retail stores, or gyms, may have a duty to protect their customers and employees within the leased premises. If the business failed to provide adequate security or control access to the space, it may share responsibility for any injuries that occur. This is especially true when the tenant has sole control over the interior and is responsible for day-to-day operations.
• Event organizers. Organizers of concerts, festivals, and other large gatherings are expected to anticipate risks based on crowd size, venue location, and past incidents. If they failed to hire enough trained security personnel or did not plan appropriately for crowd control and emergency response, they may be liable. Courts often evaluate whether the organizers took reasonable steps to prevent foreseeable harm.
• Security companies. If a third-party security company was hired to monitor the premises, provide personnel, or manage surveillance systems, it can be liable if its actions, or inaction, contributed to the incident. Examples include guards who fail to intervene during an altercation, security firms that ignore established protocols, or companies that hire unqualified personnel. Negligent hiring, training, or supervision can also form the basis of a claim.
• Government agencies (such as NYCHA or the MTA). Public entities that own or manage property open to the public have a duty to provide reasonable security under certain conditions. For example, the New York City Housing Authority must maintain safe entry systems in residential buildings, and the MTA must ensure transit stations are reasonably secure. However, bringing a claim against a government agency involves strict notice and filing requirements, such as submitting a Notice of Claim within 90 days under General Municipal Law § 50-e.

In K.J. v. City of New York, 156 A.D.3d 831 (2d Dep’t 2017), the plaintiff, a student, was assaulted by classmates in a school stairwell. The Appellate Division held that the City and Department of Education could be held liable for negligent supervision because they had prior notice of ongoing bullying. The court found that questions of fact existed as to whether school staff failed to take reasonable steps to prevent foreseeable harm, allowing the case to proceed.

Multiple parties can be held liable if they share responsibility for the property or failed to take appropriate action. In many cases, fault is divided among several defendants who contributed to the unsafe conditions, and a thorough investigation is needed to determine each party's role.

What Damages Can I Recover in an Inadequate Security Case?

Victims of inadequate security incidents often suffer serious physical and emotional injuries. These may include broken bones, head trauma, stab or gunshot wounds, sexual assault, psychological conditions like PTSD or anxiety, and, in some cases, permanent disability or death. These injuries can lead to financial hardship, lasting trauma, and major changes to daily life.

If a property owner's failure to provide reasonable security contributed to the harm you suffered, you may be entitled to recover damages such as:

• Medical bills for emergency care, surgery, therapy, and future treatment
• Lost wages from time missed at work
• Loss of future earning potential due to long-term injuries
• Pain and suffering from physical injuries and ongoing discomfort
• Emotional distress, including fear, anxiety, or depression
• Loss of enjoyment of life if you can no longer participate in activities you once enjoyed
• Disfigurement or permanent disability
• Funeral and burial expenses in wrongful death cases
• Loss of companionship or support, also known as loss of consortium

New York follows a comparative negligence rule, which means your compensation may be reduced if you are found to have contributed to your own injuries. For example, if you ignored posted warnings or entered an area that was clearly marked as restricted, a court may assign you a percentage of fault. However, you may still recover damages even if you were partly at fault, as long as the property owner’s negligence also played a role.

An experienced New York inadequate security lawyer can help you assess the full value of your claim, determine whether comparative fault may be raised as a defense, and pursue compensation from those responsible.

What Are the Time Limits for Filing an Inadequate Security Lawsuit in New York?

A statute of limitations is a legal deadline that limits how long you have to file a lawsuit after an injury. If you miss the deadline, the court will likely dismiss your case, regardless of how strong it might be. New York law sets specific time limits for bringing a negligent or inadequate security claim, depending on who the defendant is.

• Three years from the date of the injury to file a lawsuit against a private property owner, business, or individual (New York Civil Practice Law and Rules § 214).
• Ninety days from the date of the incident to file a formal Notice of Claim if your case involves a public entity like the City of New York, NYCHA, or the MTA (General Municipal Law § 50-e). After that, you have one year and ninety days from the incident to file the actual lawsuit.

Failing to meet these deadlines can permanently prevent you from recovering compensation. Because of these strict time limits, it is important to speak with an experienced New York inadequate security lawyer as soon as possible after the incident. An attorney can determine which deadlines apply and make sure all necessary steps are taken to protect your rights.

What Happens If the Attacker Was Never Caught?

In an inadequate security case, it is not necessary for the person who committed the crime to be identified, arrested, or convicted. The focus in a civil case is not on punishing the attacker but on holding the property owner or another responsible party accountable for failing to provide reasonable security.

It is up to law enforcement to investigate criminal activity and the district attorney’s office to decide whether to bring criminal charges against a suspect. That process is separate from a civil lawsuit. In a civil case, the question is whether the conditions on the property allowed a foreseeable crime to occur and whether the property owner failed to take reasonable steps to prevent it. If you were harmed as a result of that failure, you may still be able to pursue compensation—even if the attacker was never caught or prosecuted.

What Should You Do After a Crime Caused by Inadequate Security?

If you believe you were the victim of a crime caused by negligent security:

• Get medical attention immediately
• Call the police and make an official report
• Notify the property owner or manager
• Take photos or videos of the scene and any security issues
• Get contact information for witnesses
• Keep all medical records and receipts
• Do not speak to insurance adjusters without legal representation
• Contact a New York inadequate security lawyer right away

Frequently Asked Questions (FAQs)

Q. Do I need a police report to sue?

A. No, but having a police report helps support your claim. It serves as documentation that the crime occurred.

Q. Can I file a wrongful death claim?

A. Yes. Family members may be able to file a wrongful death lawsuit if a loved one died as a result of a preventable crime on someone else's property. In New York, wrongful death claims are governed by Estates, Powers and Trusts Law (EPTL) § 5-4.1, which allows the personal representative of the deceased’s estate to bring the claim on behalf of surviving family members. To succeed, the plaintiff must show that the property owner’s failure to provide reasonable security was a cause of the death. Available damages may include funeral expenses, lost financial support, and conscious pain and suffering experienced by the deceased prior to death.

Q. Will the case settle or go to trial?

A. Some cases settle quickly. Others may require litigation. Your experienced inadequate security attorney serving New York will advise you based on the facts of your case.

Contact Stephen Bilkis & Associates

If you or someone you care about was injured in a crime that occurred because a property owner failed to provide reasonable security, do not wait to seek legal advice. The team at Stephen Bilkis & Associates is here to help you understand your rights and pursue fair compensation. We will investigate thoroughly, consult with experts, and hold negligent parties accountable. Let us help you protect your future. Contact an experienced inadequate security attorney in New York at Stephen Bilkis & Associates at 800.696.9529 for a free consultation. We serve clients throughout New York, including Manhattan, Brooklyn, the Bronx, Queens, Staten Island, Long Island, Nassau County, Suffolk County, and Westchester.

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