Loscalzo & Loscalzo, P.C. Negligent Security

Negligent Security as a Premises Liability Claim

Negligent security is a branch of premises liability law. Under New York law, property owners owe a duty of care to lawful visitors, and that duty includes taking reasonable steps to protect against foreseeable criminal activity by third parties. When an owner fails to meet that standard and someone is harmed as a result, the victim may have grounds for a civil claim.

A negligent security claim targets the property owner’s failure, not the attacker’s. That distinction matters practically: the civil claim can proceed even if the person who committed the assault, robbery, or other crime was never identified, arrested, or convicted. Law enforcement and the district attorney’s office handle any criminal investigation or prosecution on a separate track entirely.

What It Takes to Prove a Negligent Security Claim

A successful claim generally requires showing four things: the property owner owed a duty of care, the security measures in place were inadequate given what the owner knew or reasonably should have known, that inadequacy was a proximate cause of the injury, and the victim suffered actual damages.

Foreseeability of criminal activity is typically the most contested element. It’s usually established through evidence of prior similar incidents at the property or in the surrounding area. Common security deficiencies that support these claims include broken or missing locks, malfunctioning or absent security cameras, poor lighting in common areas or parking structures, and insufficient or untrained security personnel.

New York follows a pure comparative negligence rule, meaning a victim’s compensation is reduced by their percentage of fault but isn’t eliminated even if they’re found more than half responsible for what happened. That rule matters in negligent security cases, where property owners routinely raise arguments about a victim’s own conduct.

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Negligent Security Attorney in Manhattan

More Than 50 Years Representing Manhattan Injury Victims

We have represented individuals and families in Manhattan injured due to negligence for more than 50 years. Our practice is devoted entirely to personal injury law, and our attorneys are members of the New York State Trial Lawyers Association. With more than 100 years of combined legal experience, we bring a focused understanding of New York premises liability law to every negligent security case we evaluate.

If you were injured due to inadequate security on someone else’s property, call our negligent security attorneys in Manhattan today at (646) 846-4776 for a free consultation with no upfront cost.

How We Handle a Negligent Security Case

These claims take time. Establishing foreseeability requires building a record of prior incidents, crime data, and physical conditions at the property. Evidence can disappear quickly, and the procedural requirements differ depending on whether the defendant is a private owner or a public entity like NYCHA or the MTA. That’s why continuity matters from the start.

We assign one dedicated attorney to handle each case from intake through resolution. Your attorney conducts the initial evaluation, manages the investigation, and remains your point of contact throughout. We accept cases based on merit after careful review, and we keep clients informed about where their case stands at every stage.

Filing Deadlines for a New York Negligent Security Claim

In New York, a lawsuit against a private property owner, business, or individual for a negligent security injury generally must be filed within three years of the incident under CPLR Section 214. Missing that deadline may bar recovery regardless of how strong the underlying claim is.

A shorter deadline applies when a public entity is involved. Claims against the City of New York, NYCHA, or the MTA typically require a Notice of Claim filed within 90 days of the incident under General Municipal Law Section 50-e, followed by a lawsuit within one year and ninety days under General Municipal Law Section 50-i. These timelines can vary based on the specific facts and defendants in a case, which is one reason to speak with a negligent security lawyer in Manhattan as soon as possible after an incident.

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Where Negligent Security Claims Arise in Manhattan

These claims commonly involve apartment buildings and residential complexes, hotels, bars and nightclubs, retail stores, parking garages, and office buildings. Any setting where a property owner controls access and security conditions can give rise to a claim if criminal activity was foreseeable and precautions were inadequate.

Claims against private property owners for incidents in Manhattan are typically filed in the Supreme Court, Civil Branch, for New York County. Cases involving a municipal defendant follow a distinct procedural track that can include the New York City Law Department. Our familiarity with these processes, built across more than five decades of Manhattan personal injury practice, informs how we approach each case from the first evaluation.

Talk to a Negligent Security Lawyer in Manhattan

We offer free initial consultations with no upfront legal fees. We can meet you at home, in the hospital, or at your place of business if coming to our office isn’t practical during your recovery. Spanish-speaking services are available. To get started, call Loscalzo & Loscalzo, P.C. at (646) 846-4776.

Compensation in a Negligent Security Case

Recoverable damages can include medical expenses, lost income, and compensation for pain and suffering. The specific amounts depend on the nature and severity of the injuries and the facts of the claim.

When a negligent security incident results in a death, surviving family members may have grounds to bring a wrongful death claim. Under New York’s wrongful death law, that claim addresses the distinct financial losses families face, including funeral costs, lost financial support, and the loss of parental guidance the decedent would have provided.

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