Negligent Security: How to Pursue a Negligent Security Claim in New York
January 17, 2026
Taking Action After a Preventable Crime
When a crime occurs due to inadequate security, the physical and emotional impact can be overwhelming. Victims often assume nothing can be done beyond reporting the incident. However, New York law allows victims to pursue negligent security claims when property owners fail to protect against foreseeable dangers.
Understanding how to pursue a negligent security claim is the first step toward accountability and recovery.
What Is a Negligent Security Claim?
A negligent security claim is a type of premises liability lawsuit filed when a property owner’s failure to provide reasonable security contributes to criminal activity and injury.
These claims focus on whether the property owner knew—or should have known—about security risks and failed to take appropriate preventive measures.
Step-by-Step: How to Pursue a Negligent Security Claim in New York
Seek Immediate Medical Attention: Your health comes first. Medical records not only document your injuries but also serve as important evidence linking them to the incident.
Report the Crime: File a police report as soon as possible. Official documentation helps establish exactly what occurred and when.
Document Unsafe Conditions: Take photos or videos of hazards such as broken locks, poor lighting, lack of security personnel, or malfunctioning cameras. These details may be lost once repairs are made.
Preserve Evidence: Request that surveillance footage and incident reports be preserved. Time-sensitive evidence can be crucial in negligent security cases.
Establish Foreseeability: Evidence of prior criminal incidents, police reports, tenant or customer complaints, or local crime data can show that the risk was foreseeable.
Identify Responsible Parties: Liability may extend to property owners, landlords, management companies, or contracted security providers.
File the Claim Within Legal Deadlines: In most New York negligent security cases, victims have three years from the date of injury to file a lawsuit, though shorter notice periods may apply for government-owned properties.
What Victims Must Prove
To succeed in a negligent security claim in New York, a victim generally must demonstrate:
- A legal duty to provide reasonable security
- A failure to meet that duty
- Foreseeability of criminal activity
- A direct link between the security failure and injury
- Measurable damages
Each element plays a critical role in determining liability.
Common Challenges in Negligent Security Cases
Victims may face obstacles such as:
- Property owners denying foreseeability
- Missing or erased surveillance footage
- Claims that the crime was unavoidable
- Attempts to shift blame to the victim
Strong documentation and prompt action help overcome these defenses.
Compensation Available to Victims
A successful negligent security claim may provide compensation for:
- Medical expenses
- Lost wages and reduced earning capacity
- Pain and suffering
- Emotional trauma
- Permanent injury or disability
- Wrongful death damages
Compensation is designed to reflect the full impact of the harm suffered.
Key Takeaways
- Negligent security claims address preventable crimes
- Foreseeability is the cornerstone of liability
- Evidence must be preserved quickly
- Strict filing deadlines apply in New York
- Victims have legal options beyond criminal prosecution
Why You Should Speak with a New York Lawyer About Negligent Security and Property Owner Liability
Even though New York is a “no-fault” state, insurance companies often limit or deny claims—especially when serious injuries are involved. An experienced personal injury attorney can help you:
File your no-fault claim correctly
Challenge unfair denials or underpayments
Determine whether your injuries meet the serious injury threshold
Pursue full compensation for pain, suffering, and future losses
At LFK Law Practice, P.C., we guide New York drivers through the no-fault system and fight for the compensation they deserve after a crash.
Contact us today for a free consultation, and let us handle the insurance while you focus on your recovery.
Bottom Line
Pursuing a negligent security claim in New York is about accountability. When property owners ignore known risks and fail to protect lawful visitors, the law provides victims with a pathway to justice and recovery. Acting quickly and understanding the process can make all the difference.
Frequently Asked Questions (FAQS)
Do I need the attacker to be caught? No. Negligent security claims focus on the property owner’s conduct, not the criminal’s identity.
Can I pursue a claim if the crime happened in a parking lot? Yes. Parking areas are common locations for negligent security cases.
What if I was partially at fault? New York applies comparative negligence, which may reduce—but not eliminate—recovery.
How long do negligent security cases take? Timelines vary depending on complexity, evidence, and whether the case settles or proceeds to trial.
What evidence is most important? Surveillance footage, police reports, prior crime records, and maintenance logs are critical.
References
- New York Civil Practice Law and Rules. (n.d.). Personal injury and negligence actions. New York State Senate.
- New York Pattern Jury Instructions—Civil. (n.d.). Negligent security and premises liability standards. New York State Unified Court System.
- New York Real Property Law. (n.d.). Landlord and property owner duties. New York State Senate.
- Restatement (Second) of Torts. (1965). Negligence and duty of care. American Law Institute.
- United States Department of Justice. (n.d.). Crime prevention through environmental design (CPTED).