How to File a Negligent Security Claim in New York
Injured due to poor security in NYC or Long Island? Learn how to file a negligent security claim and how Leitner Warywoda can help you get justice and compensation.
- The question
- Was the crime foreseeable?
- Where we practice
- NYC · Long Island · Statewide
- Fee
- No fee unless we recover
Know Your Rights After an Assault or Injury
Victims of crime often feel powerless, especially when the attack happened somewhere that should have been safe. But under New York law, you may have the right to file a negligent security claim against the property owner or manager who failed to provide a reasonably secure environment. At Leitner Warywoda, we help individuals across NYC and Long Island take action against landlords, businesses, and institutions whose negligence allowed violent incidents to occur.
Step 1: Seek Medical Care and Report the Incident
The first and most important step is to get medical attention for your injuries—even if they seem minor. Not only does this protect your health, but it also creates a record of your condition immediately following the incident. Be sure to:
- Call 911 and file a police report
- Request a copy of the report for your records
- Document the scene if possible (photos, witness info, security camera presence)
- Notify the building owner or property manager in writing
These early actions help establish a paper trail and demonstrate that you took the event seriously from the start.
Step 2: Contact a Negligent Security Attorney
The success of your case often depends on the strength of the investigation. That’s where we come in. A seasoned premises security lawyer will:
- Identify all potentially liable parties (landlords, businesses, contractors, etc.)
- Investigate prior crimes or complaints at the property
- Subpoena surveillance footage or maintenance records
- Consult with security experts and police
- Build a timeline of what should have been done—and wasn’t
We handle all communication with insurance companies and opposing counsel, so you don’t have to deal with intimidation tactics or pressure to settle cheap.
Step 3: Prove the Property Owner Was Negligent
To win a negligent security case in New York, we must show that:
- You were lawfully on the property (as a tenant, guest, customer, etc.)
- The property owner knew or should have known about the risk of crime
- They failed to take reasonable steps to prevent that crime
- You suffered harm as a result of that failure
Examples of negligence may include poor lighting, lack of cameras, broken entry systems, or ignoring prior assaults. The more evidence we can gather, the stronger your claim.
Step 4: Seek Full and Fair Compensation
Depending on your injuries, your case may be worth more than you think. You may be entitled to compensation for:
- Hospital bills, rehabilitation, and therapy
- Lost wages or loss of future earnings
- Pain and suffering
- Emotional distress or PTSD
- Property damage
- Relocation costs, if you no longer feel safe
Leitner Warywoda’s attorneys are aggressive negotiators and fearless litigators. We don’t just settle—we fight for what your case is truly worth.
Related topics.
- Apartment BuildingsInjured due to poor security in a New York apartment building? Leitner Warywoda holds landlords accountable for assaults and safety failures in NYC & Long Island.Read more
- Hotels, Clubs & BusinessesInjured at a NYC business due to poor security? Leitner Warywoda represents victims of assaults and injuries at hotels, bars, nightclubs, and retail locations.Read more
- Parking Lots & GaragesWere you attacked in a NYC parking lot or garage due to poor lighting or security? Leitner Warywoda helps victims file negligent security claims across NYC & Long Island.Read more
From the first call to a resolution.
- 1
A real conversation, free
You tell us what happened. We tell you honestly whether it looks like a case, what the deadlines are, and what we would need to see.
- 2
We investigate before we file
Records, scene evidence, witnesses, and review by qualified experts. Most of what wins a case is gathered before a complaint is ever served.
- 3
Litigation, built for trial
Depositions, motions and expert disclosure, prepared as though the case will be tried, because defendants offer their best number to firms that are ready to try it.
- 4
Resolution, your decision
Settle or try it: that choice is yours, made with a clear picture of the offer, the risk and the timeline.
Recent negligent security recoveries.
Slip and fall.
Slip and fall.
Slip and fall on private property.
Slip and fall on private property.
Slip and fall involving a municipality.
Premises liability, private property.
Prior results do not guarantee a similar outcome.
Frequently asked questions.
How do I file a negligent security claim in New York?
The process usually starts with a police report, medical treatment, and preserving evidence such as photos of broken locks or lighting and names of witnesses. Next, the property owner, manager, and any security company are identified, and their insurers are notified. If the claim cannot be resolved, a lawsuit is filed in state court. Video footage is often recorded over within days or weeks, so a prompt written request to preserve it can be critical.
What is the deadline to file a negligent security lawsuit in New York?
Most negligent security claims against private property owners must be filed within three years of the incident under CPLR 214. If the property is owned by a government entity or public authority, such as a public housing development, a notice of claim is generally required within 90 days under General Municipal Law § 50-e, and the lawsuit typically must be filed within one year and 90 days. Claims directly against the attacker can carry different and shorter deadlines.
Do I need a criminal conviction to bring a civil negligent security case?
No. A civil negligent security claim is separate from any criminal case. You can pursue the property owner even if the attacker is never caught, identified, or convicted. The civil case focuses on whether the owner's security failures made the crime possible, and the standard of proof is lower than in a criminal trial. Police reports, criminal court records, and any conviction can still be useful evidence when they are available.
What evidence helps prove a negligent security case?
Useful evidence often includes surveillance video, photographs of broken doors, locks, or lighting, maintenance and repair records, prior complaints from tenants or customers, police records of earlier crimes at the property, security staffing schedules, and witness statements. Your medical records document the injuries. Much of this evidence is in the owner's control and can be lost, so sending a preservation demand early and obtaining records through the lawsuit process is often essential.