Negligent Security Premises Liability Injury in New York

Negligent security incidents in New York may arise from a property owner's failure to take reasonable steps to deter foreseeable criminal activity.

Causes of Negligent Security Incidents and Injuries in New York

When individuals suffer injuries due to assaults, robberies, shootings, or other violent crimes on another's premises, the cause is frequently traced back to:

Lack of Security Personnel

One of the most common causes of negligent security is the absence or inadequacy of trained guards in high-crime or high-traffic areas. Nightclubs, apartment buildings, shopping malls, and hotels may cut corners by hiring unqualified personnel or having too few guards on duty, thereby exposing visitors and tenants to preventable harm.

Insufficient Lighting

Criminals take advantage of low-visibility areas. Dim or non-existent lighting in stairwells, parking lots, entryways, and corridors hampers the ability of both potential victims and security cameras to detect suspicious activity. Property owners must routinely inspect and maintain adequate lighting in all common areas.

Broken Locks or Fencing

Doors that don’t latch, gates that don’t close, or fences with holes or gaps allow easy unauthorized access to residential, commercial, or institutional properties. When these basic physical barriers are ignored, residents, employees, or customers are left exposed to trespassers and intruders.

Non-Functioning Surveillance Systems

Security cameras that are fake, broken, or not actively monitored do little to deter criminal activity. Furthermore, in the aftermath of an incident, non-operational surveillance systems can deprive victims of key evidence necessary to prove liability.

Failure to Address Prior Incidents

Property owners are legally obligated to respond to past criminal activity with heightened security. Ignoring previous incidents, such as assaults, break-ins, or thefts, may constitute willful negligence on part of the property owners and managers.

New York Laws Related to Negligent Security Premises Liability

Under New York premises liability law, property owners owe a duty of care to ensure that lawful visitors are reasonably protected from harm, including foreseeable criminal acts. This obligation is especially significant in areas with a known history of criminal activity. Legal theories commonly invoked include:

Negligence

First and foremost, the plaintiff must prove that the property owner or operator owed a duty of care and breached that duty by failing to take reasonable security precautions. This includes implementation of measures such as hiring trained security personnel, installing surveillance cameras, maintaining proper lighting, and securing entrances and exits. If these steps were neglected and a person was harmed as a result, the property owner can be held liable for negligence.

Foreseeability

One of the most critical components in a negligent security case is whether the crime or violent act was foreseeable. Plaintiffs must show that the property owner either knew or should have known that such an incident could occur. Evidence of similar past crimes in the same area, prior police reports, or complaints from tenants or customers can support this element. If the risk of harm was foreseeable and the property owner failed to act, this strengthens the plaintiff’s case.

Proximate Cause

Finally, the plaintiff must prove proximate cause that the lack of adequate security was the direct and foreseeable cause of their injury. This means establishing a clear link between the security lapse and the criminal act. For example, if a known malfunctioning gate allowed an assailant to enter and assault a tenant, that breach in security may be deemed the proximate cause. The plaintiff doesn’t need to prove the precise details of the crime in advance, only that the type of harm was a foreseeable outcome of the security failure.

New York courts assess several factors, including the nature of the property, location crime statistics, and any previous incidents, to determine liability. Moreover, commercial landlords and property management companies can also be held liable under contract or common law obligations.

Common Locations in New York Where Negligent Security Injuries are More Frequent

Negligent security-related injuries are not limited to any one part of New York City. However, the risk is significantly heightened in the following types of locations:

Apartment Buildings and Public Housing Complexes: Residential complexes are among the most common locations for negligent security incidents. Landlords and property managers have a legal duty to ensure basic protections such as secure entryways, functioning intercom systems, surveillance in common areas, and adequate lighting. When these fail, residents may fall victim to burglaries, assaults, or worse, especially in buildings with a history of criminal activity.
Hotels and Motels: These establishments must balance hospitality with security. Hotel owners are expected to vet staff, secure guest room locks, install surveillance in hallways and parking areas, and respond promptly to suspicious activity. Failure to do so can expose guests to break-ins, assaults, or even abductions—especially in budget motels or those in high-crime areas.
Nightclubs, Bars, and Concert Venues: Alcohol-fueled environments heighten the risk of violent incidents. Owners must employ licensed and trained security personnel, control access points, and intervene in escalating altercations. When venues prioritize profit over safety, guests can suffer serious harm in fights, stampedes, or shootings.
Parking Garages and Lots: Poor visibility, isolated layouts, and inadequate patrols create prime opportunities for criminal acts. Without surveillance cameras, security guards, or sufficient lighting, patrons can be attacked or robbed while walking to their vehicles.
Retail Stores and Shopping Centers: Despite high customer volume, many shopping areas overlook the importance of robust security. Incidents of assault, purse snatching, or violent robbery can occur if there is no visible security presence or poor emergency response protocols.
College Campuses and Dormitories: Educational institutions are responsible for protecting students, faculty, and visitors. This includes securing dorm entries, providing emergency call boxes, patrolling by campus police, and responding to previous threats or criminal acts. Failure in these areas can lead to devastating consequences for young adults.

Potential Liable Parties in Negligent Security Injury Claims in New York

Depending on the specifics of the case, one or more parties may be held legally responsible for the victim’s injuries:

Property Owners: Landlords, commercial business owners, or homeowners may be liable for failing to implement basic security protocols.
Property Management Companies: Entities responsible for day-to-day operations and safety on the premises may be liable for failing to respond to known risks.

Security Companies: If security personnel failed to follow procedures, respond appropriately, or were improperly trained, the employer may share liability.
Tenants: In some instances, tenants who host events or knowingly allow criminal activity on the premises may also be held partially responsible.
Maintenance Contractors: When third-party maintenance or access control vendors fail to repair broken locks, alarms, or lights, they may also be implicated.

Identifying all potentially liable parties is essential to maximizing financial recovery in a premises liability claim.

How Our NYC Premises Liability Lawyer Michael S. Lamonsoff “The Bull” Will Prove Liability

To build a powerful negligent security case, Michael S. Lamonsoff, Esq., widely known as "The Bull" for his relentless legal style, leads a comprehensive investigation to collect critical evidence. His team focuses on securing the following:

Surveillance Footage: Video recordings from security cameras can show how the incident occurred, whether suspects were visible on premises beforehand, and whether security staff responded appropriately.
Maintenance Logs: Documents showing the frequency and scope of maintenance checks on locks, lights, gates, and alarms help determine if equipment was defective or ignored.
Incident Reports: Prior complaints, police reports, or internal records of criminal activity on the property demonstrate foreseeability and lack of corrective measures.
Witness Testimonies: Statements from employees, neighbors, other victims, or on-site security staff can corroborate conditions at the time of the incident.
Expert Testimony: Security professionals may testify about industry-standard practices and how the property failed to meet them.
Crime Statistics and Local Data: Historical crime data from the NYPD and other public sources provide context and support the argument that added security was warranted.

With more than $500 million in verdicts and settlements and over 150 years of combined legal experience, the Law Offices of Michael S. Lamonsoff is equipped to take on powerful defendants in complex negligent security cases in New York.

Frequently Asked Questions

Can I Sue for Negligent Security if I Was Attacked in a “High-Crime” Area?

Yes. Property owners in high-crime areas may have an increased duty to implement reasonable security measures. They cannot use the neighborhood’s crime rate as an excuse for inaction. Instead, the law expects them to respond proactively by increasing lighting, installing surveillance cameras, hiring trained security guards, or controlling access points. Failure to do so may establish liability if you are harmed due to foreseeable criminal activity.

What If I Was Injured by Someone the Property Owner Didn’t Know?

The identity of the perpetrator doesn’t necessarily relieve the owner of liability. Even when the attacker is unknown, if the crime was foreseeable (based on past incidents or poor security conditions), the owner can be held responsible. Courts focus on whether reasonable precautions were taken, not whether the assailant was a stranger or trespasser.

Can a Tenant Sue a Landlord for Negligent Security in New York?

Yes. Tenants have the right to expect that common areas like hallways, entrances, stairwells, and laundry rooms are secured against criminal intrusions. If a landlord fails to maintain locks, respond to broken security systems, or address known threats, they may be liable for assaults or robberies suffered by residents.

Do I Need to Have Reported Prior Security Concerns for My Case to Be Valid?

Not necessarily. While prior complaints help demonstrate the owner’s awareness of a risk, they are not mandatory. The condition of the premises, history of crime in the area, and lack of security features may be sufficient to prove foreseeability and negligence.

Legal Help is Here from New York’s Leading Negligent Security Lawyer

At the Law Offices of Michael S. Lamonsoff, we don’t wait for justice; we charge after it. Our founding attorney Michael S. Lamonsoff “The Bull” is feared by the defendants and insurance adjusters for his aggressive negotiation and litigation tactics and refusal to back down against pressure. Michael has assembled a formidable team of attorneys, paralegals, security experts, and bilingual professionals fluent in Portuguese and Spanish.

Our firm has one mission: to defeat the insurance companies at their own game and get you every dollar you deserve. When negligent property owners fail to protect you, The Bull delivers fights for the results you need. To schedule your free consultation, call us at 212-962-1020 or fill out this online contact form.