Negligent Security Lawsuits for NYC Victims of Violent Crime Against Landlords

Landlords in New York City are obligated to protect their tenants from reasonably foreseeable crimes within apartment buildings. When they fail to do that, they can be sued for their negligence and the devastating harm that results.

Holding Landlords Responsible for Negligence: Crime Victims Deserve Compensation

Landlords need to be held accountable. They take the monthly rent in exchange for their promise to provide safe housing.

When they put profits over people by neglecting basic safety and security measures that seriously jeopardize the lives and wellbeing of innocent people, they need to pay. Simple as that.

If you or a loved one was seriously injured or killed as a result of a violent crime in an apartment building in New York City and believe the landlord could have prevented it, you might be able to sue them.

Here are some of the common situations where a landlord’s negligence can make them liable for injuries that result from violent crime on their property in New York City:

  • Broken locks on doors
  • Inadequate security
  • Poor lighting in hallways, stairwells, or parking lots
  • Lack of working security cameras
  • Unsecured entrances
  • Failure to address known threats or criminal activity

There are other conceivable situations that could make a landlord liable as well. In fact, there are even scenarios where the landlord or their employees might be actively involved in the criminal activity or significantly aiding it.

The bottom line here is that if any of these situations apply to your case or if you are not sure whether you might be able to sue, you are highly encouraged to speak with a New York City personal injury lawyer for a free case evaluation.

Contact the Law Office of Michael J. McConnell Right Now for a Free Case Evaluation to Figure Out Whether You Can Sue a Landlord for an Injury or Death Caused by a Violent Crime Committed Within an Apartment Building

If you or a loved one was a victim of a crime within a New York City apartment building – including those operated by NYCHA – and suffered a serious injury or death, you can speak with NYC personal injury lawyer Michael J. McConnell immediately about your case by contacting the office for a free consultation, which can be done by phone, by video, or in person at his office.

Call (914) 810-0510, email info@mcconnellinjurylaw.com, or click here to get a free consultation.

Michael J. McConnell is a former prosecutor with the Manhattan District Attorney’s Office and understands the trauma that victims of violent crime experience. He remains dedicated to seeking justice for New York City crime victims as a personal injury lawyer and therefore stands ready to seek full justice in the form of financial compensation for individuals and families who have been forever harmed by the negligence of a landlord who failed to take reasonable measures to protect their tenants and guests.

The Difference Between the Criminal Prosecution of the Perpetrator and a Civil Lawsuit of a Landlord for a Violent Crime Within an Apartment Building

After a violent crime such as a shooting, rape, or robbery within an apartment building, the police might make an arrest of the perpetrator. The local district attorney will then bring a criminal prosecution of the perpetrator, which could result in jail or prison time as punishment for the crime.

It is important for victims of violent crime in New York City to know that a criminal prosecution is not the only type of case that can result if someone was injured or killed in an apartment building. The other type of case that can be brought is a civil lawsuit.

In a civil lawsuit, the victim (or their family in the case of a death) seeks financial compensation for their harm. They do this by suing the perpetrator, a third party such as a landlord, or both.

It is possible and in fact quite common for a civil lawsuit and a criminal prosecution to happen at the same time. So although their purposes and goals are different, the existence of one doesn’t prevent the other from happening.

This is important because not only do we want criminals to be punished, but we also want victims to be compensated. Putting someone in prison for a violent crime is one way to seek justice, but it does nothing to compensate a victim who may have suffered really serious harm, including lost wages, medical bills, loss of enjoyment of life, and pain and suffering.

This is why the civil justice system exists: to allow people who have been injured to get compensation. In particular, injuries from a violent crime are often very severe and may have life-altering consequences and impact. Without the civil justice system and the ability to sue, victims might not get the compensation they deserve.

So if you have been the victim of a violent crime, you can bring a civil lawsuit regardless of whether there has been an arrest or criminal prosecution. The civil lawsuit as opposed to the criminal prosecution is generally where you will be able to get compensation.

Types of Violent Crime that Could Result in a Lawsuit Against a Landlord in New York City

There a number of crimes that could open a landlord up to liability if their negligence or misconduct was a proximate cause of the injury or death. While the landlord would not be “guilty” of the criminal offenses listed below, they could be held responsible for their negligence that led to it.

Here is a list of violent crimes that can occur within apartment buildings in NYC:

While all of these crimes will typically be committed by a person who is not affiliated with the landlord, it nevertheless might be possible to sue the landlord if their conduct or lack thereof was negligent such as having inadequate security, not fixing broken locks, or something similar.

Important Evidence for NYC Crime Victims to Sue Their Landlord

Winning a lawsuit against a landlord for something like negligent security requires strong evidence. Without actual proof of their negligence, they won’t be held liable for the injuries.

Here is a list of key evidence that can help prove that a landlord is responsible for an injury or death resulting from violent crime in a New York City apartment building:

  • Video surveillance footage
  • Witnesses (eyewitness to the event or those that can testify about relevant issues at the building)
  • Medical records
  • Police reports and building incident reports from the instant crime as well as prior similar crimes at or near the building
  • Maintenance logs and other property records
  • Crime data
  • Internal emails and other communications

Of course, every case is different and for that reason there could be other types of evidence that might be more important in some cases than others.

The key, however, is that immediate steps should be taken as soon as possible after the crime to ensure relevant evidence is preserved since the longer you wait the more likely it is that it can be lost, hidden, or destroyed forever.

Can I sue my landlord for a violent crime in my apartment building even if nobody was arrested?

It is possible to still successfully sue a landlord in New York City for their negligence surrounding a violent crime resulting in injuries or death even if the perpetrator was never arrested or convicted.

While the difficulty in these cases from a practical perspective might be that it could be tougher to prove how or why the crime occurred (including how the perpetrator gained entry, for example), with enough other strong evidence such as surveillance footage or credible eyewitness accounts, the landlord could still be held liable.

This is important to know since many times the police will not be able to find the suspect after they flee. While the inability to find them will of course prevent a criminal prosecution from moving forward, a civil lawsuit against the landlord for their own negligence can still proceed.

Can I sue even if the crime wasn’t a random attack?

While every negligent security case involving a New York City apartment building is different and will require a careful factual and legal analysis, a victim of a crime is not prevented from suing just because the crime was a targeted attack.

In other words, whether the crime was random or targeted is not the end all be all in most cases. This is because it is possible for a landlord to be negligent in both situations.

With that said, the more coordinated and planned the attack was, the more likely the landlord might not bear responsibility. For example, if the attack was so pre-meditated and carefully planned that hardly any security measures could have prevented it, that might be a very difficult case for a victim to win against their landlord.

In contrast, a case where a criminal gets into a building through a door with a broken lock and robs the first person they happen to see might typically be a stronger case for the victim to win so long as they can prove that this type of crime was foreseeable in this building, that the criminal’s only way of gaining access was through the door with the broken lock, and that the landlord had sufficient notice that the lock was broken and failed to repair it.

In between those two examples, of course, are hundreds if not thousands of others including some of which might be really close calls. This perhaps highlights the point that these cases are really fact sensitive and the ability to win can often turn on a few critical facts obtained through a comprehensive investigation and discovery.

How much can a crime victim sue their landlord for in New York City?  

No two cases are the same and figuring how out much a crime victim can sue for requires a very detailed analysis by a diligent NYC personal injury lawyer.

In general, there are three categories of damages or compensation that crime victims might be able to sue their landlord for after being victimized by a crime in the building:

  1. Economic Damages (medical bills, lost income, etc.)
  2. Non-Economic Damages (loss of enjoyment of life, emotional distress, pain & suffering)
  3. Punitive Damages (reserved for rare cases to punish the defendant and deter future egregious misconduct)

The value of the case can be impacted by several factors including the overall strength of the case, the percentage of liability attributed to the landlord, the amount of insurance money available, and countless other things depending on the case.

For victims of violent crime seeking a free evaluation of a case involving negligence by a landlord in NYC, contact the Law Office of Michael J. McConnell today.

Michael J. McConnell works on a contingency fee basis, which means it costs nothing up front to hire him as your lawyer and he will only get paid if you win your case. The free case evaluation is 100% confidential and comes with zero strings attached. It can be done at a time that is most convenient for you, including nights or weekends.

Call (914) 810-0510 or schedule your free consultation here.