Negligent Security Claims for Manhattan Crime Victims
If you or a loved one was seriously injured in a violent crime in Manhattan or elsewhere in New York City, you may be able to seek compensation through a civil lawsuit. In some cases, you may have a claim against a landlord, business, hotel, bar, security company, or another property owner that failed to take reasonable safety measures.
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The Basic Things Crime Victims Should Know About Negligent Security Lawsuits
Many victims of violent crime in Manhattan don’t realize that it’s not just the perpetrator who can be held accountable. Sometimes third-party entities like property owners can be held civilly liable for negligent security.
Here are some of the basic things you should know about exploring this type of claim if you were a victim of a serious violent crime such as a shooting, stabbing, or sexual assault in Manhattan.
What is a negligent security claim?
A negligent security claim is a type of premises liability case. It may arise when a property owner fails to take reasonable steps to protect people they owe a duty of care to from a foreseeable crime.
For example, a landlord has a common law duty to take reasonable measures to protect their tenants from foreseeable harm, which can include violent criminal acts. If they breach that duty, that can lead to a negligent security lawsuit.
Who can be responsible for a crime on their property?
Potential defendants in Manhattan negligent security cases might include entities such as apartment complexes and landlords, parking garages, hotels and motels, nightclubs and bars, shopping malls and stores, workplaces, office buildings, schools and colleges, sports and entertainment venues, security guard companies, and restaurants.
What safety failures can lead to a negligent security case in Manhattan?
The classic examples of safety failures that make for a strong negligent security claim can include things like: broken locks, inadequate lighting, a lack of cameras, no security guards, improperly trained security guards, or failing to address known dangers.
Not every safety failure results in a negligent security case. The focus is always on what types of safety measures were reasonable to take in light of a foreseeable risk.
For example, if an NYC apartment complex in a high-crime area has a long history of violent robberies on their premises, then safety failures like unlocked front doors due to broken locks, no cameras, and poor lighting conditions can provide a very strong basis for a negligent security case.
In contrast, if a gated luxury apartment complex in a very low-crime area with working cameras and great lighting doesn’t also have 24/7 security guards on patrol, that will usually not be the type of safety failure that by itself would make for a strong negligent security claim.
Does the crime have to be foreseeable?
Yes. A key issue in a negligent security case is whether the type of violent criminal act committed was foreseeable to the property owner.
When it comes to determining foreseeability, the best evidence can often include the specific facts and circumstances of the criminal act viewed in light of prior incidents of a similar nature on or around the premises.
For example, an armed robbery where the victim is shot several times causing life-threatening injuries will generally be considered foreseeable where there has been a history of armed robberies either on the premises or in the general area.
What are some examples of negligent security?
Some of the most common scenarios that lead to negligent security lawsuits include the following:
- tenant attacked by an intruder who gained entry after a broken front-door lock was left unrepaired for months
- person stabbed during an armed robbery in a poorly lit parking garage without cameras
- customer stabbed at a nightclub that lacked properly trained security guards despite a history of fights
There are countless other examples, but as you can see the common theme is that someone was seriously injured from a foreseeable violent crime that the property owner or business negligently failed to protect them against.
Understanding the Difference Between a Criminal Case and a Civil Lawsuit in NYC
When we think of holding people accountable for violent crimes, we typically think about the NYPD arresting the perpetrator, the Manhattan District Attorney prosecuting them, and a judge sending them to prison.
But many victims of violent crime in NYC don’t realize that they can also pursue a civil case simultaneously that is focused on compensation rather than punishment. Understanding this difference between criminal versus civil cases from the perspective of a crime victim is therefore critical to helping them get fully compensated for life-changing injuries.
Does a criminal case compensate the victim?
The criminal justice system is mainly focused on punishing the person who committed the crime. It’s pretty rare that a violent crime results in restitution in Manhattan Criminal Court. Even in the rare cases it does, it’s usually very limited and doesn’t come close to fully compensating the victim.
What can a civil lawsuit compensate me for if I’m a victim of a violent crime in Manhattan?
A civil lawsuit brought by a crime victim may seek compensation for several things, including:
- medical and therapy expenses
- lost income
- pain and suffering
- emotional distress
- and loss of enjoyment of life
The goal of a civil lawsuit is always to provide full compensation for the unique harm caused by another person’s negligence or wrongdoing.
Can I bring a civil case while the criminal case is pending?
Yes. A criminal case and a civil lawsuit are separate legal matters, so you can almost always pursue a civil claim while the criminal prosecution is ongoing.
Can I sue if there is no criminal case?
Yes, this is definitely possible in plenty of situations. A criminal prosecution may never happen if the perpetrator is never found or arrested, regardless of whether his or her identity is known. So that, by itself, doesn’t stop you from bringing a civil lawsuit against another party such as a landlord or business whose negligence makes them legally responsible for your injuries.
Do I have control over a civil lawsuit?
Generally, yes. In a civil case, you choose your lawyer and have a greater role in deciding whether to bring the case, settle it, or take it to trial.
This is much different than a criminal prosecution where the Manhattan DA is fully responsible for the case and must make their own decisions about how to proceed, which in some cases can be against the wishes of the victim.
The Key Evidence Crime Victim’s Need to Prove Negligent Security
In court, it’s all about what the evidence shows. That’s especially true in negligent security cases. Here’s a helpful overview of the type of evidence that can help Manhattan crime victims pursue full compensation for their injuries.
What evidence can help prove my case?
Key evidence in NYC negligent security cases may include NYPD police reports, 911 calls, photographs, videos, crime statistics, witness statements, prior incident reports, maintenance and inspection records, security logs, expert opinions, medical records, and therapy notes.
Why is it important to investigate quickly?
These cases really depend heavily on things that can quicky disappear if you don’t get them fast enough. For example, video footage can be automatically deleted forever if you don’t take immediate steps to preserve it.
Finding a Manhattan Crime Victim’s Lawyer to Sue for Negligent Security
It’s important to find an attorney as soon as possible if you want to sue a negligent third party for the injuries you suffered during a violent crime in Manhattan. The problem is that it’s hard for crime victims to know where to start, and it’s sometimes even harder to find an attorney to take their case. This section provides some helpful guidance on both the value of finding a lawyer as early as possible and on why you should never give up searching for one too soon.
What does a personal injury lawyer do in a negligent security case?
A lawyer can investigate why the crime happened, gather important records, and locate key witnesses. The lawyer may also work with security and medical experts, file the lawsuit, negotiate with the property owner’s insurance company, and take the case to court if necessary.
How much does it cost to hire a lawyer?
Personal injury attorneys handle these cases on a contingency fee. You pay nothing up front, and the attorney is paid only if they win.
Why is no personal injury lawyer taking my case so far?
Negligent security cases brought by crime victims are often very complex. They can also be tough cases that are much different from the standard slip and fall or car accident case. For this reason, it’s not uncommon for crime victims in Manhattan to need to speak with several different personal injury law firms before someone takes their case. So don’t give up trying to find a lawyer just because one firm turned you down.
Why Chose Us?
Michael J. McConnell is a personal injury attorney and former Manhattan prosecutor who understands both the criminal justice system and the evidence that can matter in a civil case. He is a relentless advocate for his clients and provides compassionate representation while working to identify who may be legally responsible for your injuries.
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If you were seriously injured during a violent crime in Manhattan, including Washington Heights, Harlem, the Upper East Side, Upper West Side, Midtown, the Lower East Side, Chinatown, or Greenwich Village, call (914) 810-0510 for a free, confidential consultation or book a call through the button below.
Disclaimer: This page provides general information and is not legal advice. Every case is different, and the law may depend on the specific facts and circumstances. Speaking with an attorney as soon as possible is important because deadlines may apply to your claim.
This page was last updated on August 18th, 2026.