Negligent Security: When Property Owners Are Liable for Crime
January 16, 2026
Crime Isn’t Always Unavoidable
Violent crimes are often viewed as random and unavoidable. However, many incidents occur because property owners failed to take reasonable security precautions. When owners ignore known risks, broken security systems, or repeated criminal activity, the law may hold them accountable through negligent security claims.
Negligent security laws exist to protect tenants, customers, and visitors from preventable harm and to ensure property owners do not place profits over safety.
What Is Negligent Security?
Negligent security is a form of premises liability where a property owner fails to provide reasonable protection against foreseeable criminal activity.
Property owners have a duty to maintain safe premises. When they fail to do so—and that failure contributes to a crime—the owner may be legally responsible for resulting injuries.
Common Security Failures
- Broken or missing locks
- Inadequate lighting
- Malfunctioning security cameras
- Lack of trained security personnel
When Are Property Owners Liable for Crime?
Property owners are not automatically liable for every crime that occurs on their property. Liability typically arises when three key conditions are met:
1. The Crime Was Foreseeable
Foreseeability is the foundation of negligent security claims. A crime may be foreseeable when:
- Similar crimes occurred previously
- The property is in a high-crime area
- Security risks were reported but ignored
2. Security Measures Were Inadequate
If reasonable steps—such as lighting, access control, or surveillance—were missing or poorly maintained, liability may apply.
3. The Security Failure Contributed to the Crime
The victim must show a direct link between the lack of security and the injury suffered.
Locations Where Negligent Security Claims Commonly Arise
Negligent security claims often involve properties that attract or house large numbers of people, including:
- Apartment complexes and residential buildings
- Hotels and motels
- Shopping malls and retail stores
- Parking garages and lots
- Bars, clubs, and entertainment venues
- Office buildings and campuses
In these settings, safety expectations are higher due to predictable risks.
Who Can Be Held Responsible?
Depending on who controlled the premises and security, liable parties may include:
- Property owners
- Landlords
- Property management companies
- Business operators
- Contracted security companies
Responsibility depends on control, contractual duties, and knowledge of security risks.
Types of Crimes Linked to Negligent Security
Negligent security claims may arise from various criminal acts, such as:
- Assault and battery
- Robbery or mugging
- Sexual assault
- Carjacking
- Homicide or attempted homicide
These crimes often occur in poorly lit or unsecured areas.
Compensation Available to Victims
Victims harmed due to negligent security may be entitled to compensation for:
- Medical expenses
- Lost income and reduced earning capacity
- Pain and suffering
- Emotional distress and trauma
- Permanent disability
- Wrongful death damages for surviving families
The goal is to restore victims to the position they would have been in if the negligence had not occurred.
Key Takeaways
- Negligent security is a form of premises liability
- Property owners must address foreseeable criminal risks
- Inadequate security can create legal liability
- Victims may seek compensation for serious harm
- Evidence and prompt action are critical
Why You Should Talk to a New York Lawyer About Negligent Security Claims
Even in New York, property owners have a legal duty to maintain safe premises, but insurance companies often try to minimize or deny claims — especially when serious injuries occur due to criminal acts. An experienced personal injury attorney can help you:
Investigate the circumstances of the crime and the property owner’s responsibility
Challenge unfair claim denials or low settlements
Determine if your injuries and losses qualify for maximum compensation
Pursue full recovery for medical bills, pain and suffering, and future damages
At LFK Law Practice, P.C., we help New Yorkers hold negligent property owners accountable and fight for the compensation they deserve after crimes occur on unsafe premises.
📞 Contact us today for a free consultation — let us handle the legal and insurance challenges while you focus on your recovery.
Bottom Line
New York’s no-fault insurance law is meant to protect drivers — but it can be confusing. Acting fast, understanding your rights, and getting the right legal guidance can make all the difference in recovering the benefits and compensation you’re entitled to.
Frequently Asked Questions (FAQs)
- Are property owners always responsible for crimes? No. Liability depends on foreseeability and inadequate security.
- Can a claim be filed if the criminal is caught? Yes. Negligent security claims focus on property owner negligence, not the criminal’s prosecution.
- Does foreseeability require prior identical crimes? No. Similar or related criminal activity may be sufficient.
- Can tenants bring negligent security claims? Yes. Landlords owe tenants a duty of reasonable security in common areas.
- Does shared fault prevent recovery? No. Many states, including New York, apply comparative negligence rules. recovering the benefits and compensation you’re entitled to.
References
- New York Civil Practice Law and Rules. (n.d.). Negligence and personal injury actions. New York State Senate.
- New York Pattern Jury Instructions—Civil. (n.d.). Premises liability and negligent security standards. New York State Unified Court System.
- New York Real Property Law. (n.d.). Duties of property owners and landlords. New York State Senate.
- Restatement (Second) of Torts. (1965). Liability for negligent conduct. American Law Institute.
- United States Department of Justice. (n.d.). Crime prevention through environmental design (CPTED).