If you were assaulted, robbed, or seriously injured because a NYC building was easy to access and poorly secured, you may have a negligence claim against the owner, landlord, management company, or security contractor. This page explains how negligent security claims work in New York City, what evidence matters most, and the deadlines that can cut off your rights quickly.

Not legal advice. This page is for general information only and does not create an attorney-client relationship.

Injured because a building was not secure?

Free consultation. Call (212) 732-2929 or contact us online.

No fee unless we win. Client may be responsible for case costs. Prior results do not guarantee a similar outcome.

Quick answer

If you were attacked or injured due to poor building security in NYC, do this now:

Get medical care and keep ER notes, imaging, and discharge instructions.
Call 911 and get the complaint or report number. Note the precinct.
Photograph doors, locks, broken latches, propped entrances, missing lighting, and camera signage.
Write down exactly how the attacker accessed the property and who saw it.
Ask that surveillance video be preserved. Many systems overwrite quickly.

What “negligent security” means in New York

In New York, negligent security is typically a premises liability negligence claim. Courts focus on foreseeability, whether the property took reasonable or minimal precautions, and whether the security failure was a substantial factor in the injury. See Burgos v. Aqueduct Realty Corp. and Nallan v. Helmsley-Spear, Inc..

Common NYC security failures

Broken entry locks. Doors that do not self-close or self-lock. Non-working intercoms. Poor lobby or stairwell lighting. Cameras that do not work or footage that is not preserved. No guards where guards are part of the plan.

Legal framework for negligent building security in New York City

A landlord or property owner is not automatically responsible for third-party crime. Liability usually turns on foreseeability and whether the property failed to take reasonable precautions. New York’s Court of Appeals has described a landlord’s common-law duty to take minimal precautions to protect tenants from foreseeable harm, including foreseeable criminal conduct. See Burgos.

What you must prove

Duty: The defendant owed a duty to maintain reasonably safe premises and implement appropriate security measures for the circumstances.
Foreseeability: The type of crime and harm was reasonably foreseeable based on prior incidents, access conditions, or known risk factors. See Burgos.
Breach: Security precautions were missing, broken, not maintained, or not enforced.
Causation: The failure was a substantial factor in how the attacker gained access or how the incident occurred.
Damages: You suffered compensable losses (medical costs, lost income, pain and suffering).

Who can be liable

Negligent security is a type of premises liability claim, so the parties who control the property are the usual defendants.

Building owner or landlord
Property management company
Commercial tenant that controls the area (depends on lease and control)
Security contractor or guard company
Public entities in some cases (for example, certain public housing or municipal property situations), but special notice rules and shorter deadlines can apply under GML 50-e and GML 50-i.

NYC security rules and conditions that often matter

Entry doors that do not self-close or do not remain secured
Broken locks, damaged frames, missing or ineffective latches
Poor lighting in halls, stairwells, entrances, or exterior paths
Intercom or access systems that are nonfunctional or routinely bypassed
Camera systems that are missing, not working, or not preserved after an incident

NYC housing rules include requirements tied to doors, locks, and related safety features in many residential settings. These rules do not automatically decide civil liability, but they can be important evidence of notice and breach. See the NYC Housing Maintenance Code and related HPD guidance: Housing Maintenance Code (PDF) and HPD self-closing door guidance.

Evidence that matters most

Not every case has every item below. What you can gather depends on the facts.

First 72 hours checklist

Medical: ER records, photos of injuries, prescriptions, follow-up referrals.
Police: NYPD report or complaint number, responding precinct, 911 event details if available.
Scene proof: Photos of the exact access path (door to lobby to stairwell to floor), broken locks, lighting, and camera placement.
Witnesses: Names, numbers, and what each person saw about access and building conditions.
Preservation: Demand preservation of surveillance footage and building logs. Many systems overwrite.

Investigation evidence your lawyer pursues

Prior incidents and complaints tied to access failures and crime risk (foreseeability proof).
Video exports, retention policies, and chain-of-custody documentation.
Maintenance and repair logs for doors, locks, lighting, and intercom systems.
Security contracts, staffing schedules, post orders, and incident reports.
HPD or DOB violation history where applicable.

Deadlines that can cut off your case

Do not wait. Deadlines often run from the incident date, not from when treatment ends. This section covers New York claims only. Your deadline depends on the facts and on who the defendants are.

Most negligence personal injury cases: A filing deadline applies under CPLR 214(5). Consult an attorney promptly to confirm your deadline. See CPLR 214.
Claims against many public entities: A Notice of Claim may be required under GML 50-e, with additional timing rules under GML 50-i. Consult an attorney promptly.
Comparative fault: in New York, a claimant’s culpable conduct does not bar recovery, but damages are reduced in proportion to fault under CPLR 1411.

Damages in negligent security cases

Which categories apply depends on your injuries and the defendant. Not every case supports every category.

Economic damages

Medical bills and future care
Lost wages and reduced earning capacity
Out-of-pocket expenses

Non-economic damages

Pain and suffering
Emotional distress and trauma-related symptoms
Loss of enjoyment of life

How a negligent security case typically unfolds

The order and timing of these phases vary by case.

Phase	What happens	What matters most
Intake and triage	Identify defendants, confirm deadlines, and start preservation.	Medical proof, report number, access-path facts.
Preservation and investigation	Video, logs, contracts, prior incidents, and violations are pursued.	Foreseeability, notice, and proof of security failure.
Filing and early litigation	File suit, or file Notice of Claim first when required.	Correct parties, service, and deadline compliance.
Discovery	Depositions, document exchange, and experts where needed.	Policy vs reality, access control, and damages proof.
Resolution	Settlement, mediation, or trial.	Causation clarity and clean documentation.

NYC context and foreseeability

Foreseeability often drives these cases. Public NYPD reporting stated NYC recorded 688 shooting incidents in 2025. See the NYPD press release dated January 6, 2026. This does not prove liability in any individual case, but it supports why security planning and follow-through matter in high-risk settings. NYPD press release.

Selected results

Examples of serious injury matters handled by the firm, including premises and property safety cases. Prior results do not guarantee a similar outcome.

$5 Million

Elevator shaft fall resulting in a severe head injury and coma.

$2 Million

Chemical exposure (toxic fumes) with long-term injury.

$1.9 Million

Fall through a broken sewer grate with back, wrist, hip, and lung injuries.

Attorney information

Dansker & Aspromonte Associates LLP was founded in 1989 by Paul D. Dansker and Salvatore Aspromonte. See all firm attorneys.

Key legal authorities

These are the primary sources cited on this page.

FAQs

1) What qualifies as negligent building security in NYC?

It is usually a negligence claim arguing the property failed to take reasonable security steps and a foreseeable crime caused injury. Courts focus on foreseeability and whether the defendant took minimal or reasonable precautions. See Burgos.

2) Who can be responsible for an attack in or near a building?

Potential defendants include the owner, landlord, management company, a tenant that controlled the area, and a security contractor. Public entity cases can trigger notice of claim rules and shorter deadlines under GML 50-e and GML 50-i.

3) Do I need proof of prior crimes at the exact building?

Not always, but foreseeability matters. Prior incidents in the building, nearby incidents, repeated access failures, and ignored complaints can support foreseeability. See Burgos.

4) What conditions most often support a negligent security claim?

Broken locks, doors that do not self-close or secure, poor lighting, non-working intercoms, missing cameras, and failure to preserve footage are common. Housing rules and HPD guidance on items like self-closing doors can be relevant evidence. See HPD self-closing door guidance.

5) How long do I have to file a negligent security lawsuit in New York?

Deadlines vary by case. Consult an attorney promptly to confirm your filing deadline under CPLR 214. Claims involving public entities may require a notice of claim and have different filing deadlines. Consult an attorney promptly. See CPLR 214, GML 50-e, and GML 50-i.

6) What if the owner says I was partly at fault?

New York applies comparative fault. Your conduct generally does not bar recovery, but damages can be reduced in proportion to fault under CPLR 1411.

7) What compensation can I recover?

Depending on the facts, damages can include medical expenses, lost wages, reduced earning capacity, pain and suffering, and other losses. The categories and proof depend on the injuries and the defendant.

8) What should I bring to a free consultation?

Bring ER records, photos, the NYPD report or complaint number, witness contacts, and anything showing access failures (photos, emails, 311 or building complaints). If you do not have everything, start anyway because evidence can disappear.

Recover Your Life

Let Us Fight For You Free & Confidential Consultation

First Name

Last Name

Phone

Were you physically injured in an accident?

Please explain what happened.

By submitting, you agree to be contacted about your request.

Fee Disclaimer

No Attorney's Fees Unless We Recover Money For You. Our firm works on a contingency fee basis. We only get paid if you get paid. Note: court costs and disbursements may apply regardless of outcome. Consult with your attorney for details.

Statute Disclaimer

The time to file a legal claim varies by case type, plaintiff age, whether a government entity is involved, and other factors. Do not rely on general information for your specific situation. Contact an attorney immediately to protect your rights.

Unfortunately, based on your query, we are unable to assist you at this time. Our firm specializes in serious accidents and negligence cases, such as car accidents, slips and falls, construction accidents, and other accidents that require hospitalization or ongoing treatment.

How We Can Help

Bicycle Accidents

BIRTH INJURIES

BRAIN INJURIES

BUS ACCIDENTS

CAR ACCIDENTS

CATASTROPHIC INJURIES

CHILDREN'S ACCIDENTS & INJURIES

CONSTRUCTION ACCIDENTS

DAYCARE INJURIES

DEFECTIVE ROADWAY ACCIDENTS

DOG BITE INJURIES

MEDICAL MALPRACTICE

MOTORCYCLE ACCIDENTS

NURSING HOME ABUSE

POLICE & FIREFIGHTER INJURIES

PRODUCT LIABILITY

SCHOOL INJURIES

SLIP & FALL ACCIDENTS

SUBWAY ACCIDENTS

TOXIC EXPOSURE

Spinal Cord Injuries

TRUCK ACCIDENTS

WRONGFUL DEATH

Related legal services

Talk to a New York negligent building security lawyer

Call (212) 732-2929 or contact us online.

No fee unless we win. Client may be responsible for case costs. Prior results do not guarantee a similar outcome.

Not legal advice. This page is for general information only and does not create an attorney-client relationship. Laws and deadlines change and depend on the facts and defendants. Consult an attorney for advice about your specific situation.