By: Michael J. McConnell, New York Personal Injury Attorney
In New York, victims of crime may be able to sue their landlord for injuries if the landlord’s negligence was a proximate cause of the criminal act having occurred. Things like robberies, stabbings, domestic violence, shootings, and sexual assaults are all types of crimes that could give rise to a civil lawsuit against a landlord for their negligence that created the opportunity for the crime.
As we all know, many crimes are “crimes of opportunity.” It is common sense that someone looking to rob or steal from someone is going to target a location that maybe has poor lighting, no security guards, or a complete absence of cameras.
A personal injury lawyer for victims of crime might be able to bring a “negligent security” lawsuit in situations where the landlord didn’t take reasonable measures to keep a tenant or their guests safe from foreseeable criminal activity.
And that is really the key in many negligent security cases: foreseeability.
That is a big word with important legal significance. Let’s break it down and talk about how it works in the real world for victims of violent crime in New York who might be wondering if they have a case against their landlord for inadequate security measures.
What Does “Foreseeability” Mean?
A simple way of understanding foreseeability is by asking this key question: “Could the landlord have reasonably seen this coming?”
The answer to that question is critical for victims of violent crime who are considering suing a landlord. This is because if the crime was totally unforeseeable – meaning the landlord couldn’t have possibly seen it coming – they generally cannot be held liable for negligent security. But if it was foreseeable, they could potentially be held liable.
Two Helpful Examples of Foreseeable Criminal Acts
Here are two of many possible examples of what might be considered a foreseeable criminal act that could result in a landlord being held responsible in civil court for injuries that result from their negligence.
- Shooting inside a common area of an apartment building such as a hallway due to an exterior door that doesn’t lock properly. Especially if the building had a history of violent crime and the landlord knew about the malfunctioning door, they could be held liable if the way the shooter got inside was through the door that wasn’t locked due to the landlord’s negligence.
- Sexual assault inside an apartment where the building had a history of break ins and other violent crime, including perhaps other sexual assaults, but had failed to take additional security measures in response or set up visible surveillance cameras that could deter intruders. In this situation, even if the intruder broke into the building through a locked door, there may be a claim for negligence against the landlord if they refused to take basic measures to protect their tenants.
Of course, every case is very fact specific, so even in the two examples above a slight change in the facts or the addition of other facts could totally change the analysis.
If you have been a victim of a crime in an apartment building, it is always encouraged to speak with a lawyer as soon as possible so that way they can help you determine if you have a case against your landlord.
Examples of an Unforeseeable Criminal Act
Just because something terrible happens inside an apartment building doesn’t mean the landlord is automatically liable. If the crime was truly unforeseeable, they will generally not be responsible in a negligent security claim.
This might typically be something like a pre-planned and carefully coordinated conspiracy that results in a crime against a tenant such that no reasonable security measures could have prevented it.
Something as serious as a terrorist attack all the way down to an individual criminal tricking another tenant into letting them into the building by dressing up as a police officer could be among the types of acts that might not be truly foreseeable by the landlord.
Just Because the Crime Was a Targeted Attack Doesn’t Mean a Negligent Landlord Can’t Be Held Liable for Negligent Security
Victims of violent crime should not be discouraged from considering a lawsuit against their landlord merely because they were specifically targeted – meaning the victim knew the perpetrator.
Violent crimes in particular can often be targeted attacks, but the key in those types of cases is still to evaluate whether the crime was foreseeable and whether the landlord failed in their duty to take reasonable measures to keep tenants safe. Doors that lock properly, for example, are just as much for the purpose of stopping random crimes as they are for stopping targeted ones.
A Crime is Foreseeable Even When It Differs Slightly From Other Crimes On the Property
It is also important to know that in order to show a criminal act was foreseeable, a victim doesn’t need to show that there were prior instances of that exact offense.
As a general matter, showing that there is a recent history of crime – particularly violent crime – on the property and/or in the immediate vicinity can be useful evidence tending to show foreseeability.
While the foreseeability analysis can be complex in some cases, the bottom line is that there doesn’t necessarily have to be a prior crime that is a perfect match for the crime that occurred in order to pursue a negligent security claim.
Of course, to the extent there is a strong match, that can be great evidence proving foreseeability – but it isn’t required.
Evidence That Can Prove Foreseeability When Suing a Landlord for a Violent Crime
While every case is unique, the basic things to look for when it comes to proving foreseeability in a negligent security case may include:
- Police Reports – from the incident in question as well as past crimes on the property
- Crime Data – can include statistics and other logs demonstrating a history of crime
- Incident Reports – from the building regarding crime on the property
- News Articles – describing issues in the building or general vicinity
- Maintenance Logs – especially if the issue concerns something like a broken door
- Tenant Complaints – emails to a landlord, for example, of prior complaints about crime, broken doors, inadequate lighting, and more can be key evidence
- Photos – that show issues with the building such as a faulty door, poor lighting, lack of cameras
- Video – can be useful to show prior crimes, lack of security measures, and other defects that make certain crimes foreseeable
Of course, it should also be noted that in addition to the foreseeability analysis, something like video can also be critical for a negligent security case against a New York landlord because an important fact will be how the intruder entered the building.
In other words, the victim will need to prove that the intruder entered the building through the specific security failure at issue. If, however, they were a lawfully invited guest or followed another tenant into the building, a landlord might not be liable barring some additional fact.
Final Thoughts
Foreseeability analysis can be complex, but the big picture idea is that landlords can be held accountable if they knew or should have known about the risk of violent crime and still did nothing about it.
Tenants and their guests have a right to be safe. Landlords have a duty to provide basic safety measures that are reasonable under the circumstances. It is simply not reasonable for landlords to ignore foreseeable crime, fail to fix broken locks, refuse to improve lighting, or neglect to hire security when necessary.
When landlords fail to uphold that basic duty, they should be held accountable. In those tragic situations, a personal injury lawyer serving New York City can bring a negligent security case against a landlord to get justice for the victims of violent crime in their buildings.
If you were a victim of a violent crime and want to know what rights you may have against your landlord, contact the Law Office of Michael J. McConnell for a free consultation today by:
- Calling (914) 810-0510
- Or submitting an online request here: Free Consultation with New York Personal Injury Lawyer
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