Negligent Security in New York: When a Property Owner’s Failure Enables a Crime
Property owners are responsible not only for the physical condition of their premises but also for implementing reasonable security measures to protect visitors from foreseeable criminal harm. When a property owner fails to provide adequate security and a visitor is attacked as a result, the owner can be held civilly liable for negligent security. That’s true even if the direct harm was caused by a third-party bad actor.
The Foreseeability Standard for Property Owners
The central question in a negligent security case is whether the criminal attack was foreseeable. Courts evaluate foreseeability based on the crime history of the property and the surrounding neighborhood, prior incidents on the property itself, the nature of the business and its typical clientele, and any specific warnings or complaints the owner received about security risks.
Common Negligent Security Failures
- Broken locks: Defective locks on building entrances, stairwells, parking structures, and guest rooms
- Inadequate lighting: Dark stairwells, parking areas, and common spaces where attackers can operate undetected
- Non-functioning cameras: Surveillance systems that are broken, improperly positioned, or not monitored
- No security staff: Failure to employ security guards in high-risk environments
- No response to prior incidents: Failure to improve security after receiving reports of prior criminal activity
High-Risk Settings in New York
Negligent security claims most commonly arise in apartment buildings and residential complexes. So, the claims can also arise in hotels and motels, parking garages, nightclubs and bars, shopping centers, college campuses, and public transit facilities.
Preserving Negligent Security Evidence
Security camera footage may be automatically overwritten within 30 to 90 days. Physical evidence of security defects can be repaired. An attorney retained promptly can issue preservation letters and take immediate steps to secure the evidence necessary to build a strong negligent security case.
If you were the victim of a crime on someone else’s property in New York, you may have a negligent security claim. Contact the Law Firm of Andrew M. Stengel, P.C. for a free consultation. Schedule a consultation with The Law Firm of Andrew M. Stengel, P.C. by emailing info@stengellaw.com or by using our scheduler at https://calendly.com/stengellaw.
