Close Menu
 
Mark David Shirian PC: New York City Negligent Security Lawyer
Assertively Fighting for the Rights of Our Clients
New York City Personal Injury Lawyer / New York City Negligent Security Lawyer

New York City Negligent Security Lawyer

Security failures at hotels, apartment complexes, parking garages, nightclubs, and retail stores cause real harm every day across the five boroughs. When property owners or managers cut corners on security measures, skip necessary patrols, ignore broken lights, or leave access points uncontrolled, people get robbed, assaulted, shot, or worse. These are not random acts with no legal recourse. They are preventable injuries that happened because someone chose profit over safety. A New York City negligent security lawyer investigates whether the conditions at a property created a foreseeable risk, whether that risk was ignored, and what you are owed as a result.

New York City sees an enormous volume of negligent security claims precisely because of how densely populated the city is. High-rises in Manhattan, subway-adjacent retail in the Bronx, nightlife corridors in Brooklyn, shopping centers in Queens, and public housing across all five boroughs all carry legal obligations to maintain reasonably safe environments. Property owners owe visitors, tenants, employees, and customers a standard of care. When they fail that standard and someone suffers a violent crime or physical assault as a direct result, New York premises liability law allows victims to hold those owners accountable.

These cases require a different approach than a typical slip-and-fall. Proving negligent security involves examining security protocols, reviewing crime statistics for the area, analyzing camera footage, obtaining incident reports, and working with security experts. The liable parties often push back aggressively, claiming the crime was unforeseeable or entirely the fault of the attacker. An attorney who understands how to counter those arguments, dig into the property’s history, and build a compelling liability case makes all the difference in whether a victim recovers meaningful compensation.

What Locations and Circumstances Generate Negligent Security Claims in NYC

  • Apartment Buildings and Housing Complexes: Landlords in New York have a legal duty to provide adequate security measures, including functioning locks, intercoms, and lighting in common areas. NYCHA developments and private residential buildings have both faced negligent security claims when tenants or visitors were attacked in hallways, stairwells, or lobbies.
  • Hotels and Short-Term Rentals: Hotels in Midtown Manhattan, Times Square, and tourist corridors must control access to guest floors and common areas. Attacks in hotel rooms, elevators, or parking structures tied to inadequate keycard systems or unsecured entrances can support a negligent security claim.
  • Bars, Clubs, and Entertainment Venues: Nightlife venues in the Meatpacking District, Williamsburg, Astoria, and elsewhere are frequent sites of assaults. Inadequate staffing, untrained bouncers, poor lighting in exits and parking areas, or failure to remove known aggressors all fall within the scope of foreseeability.
  • Parking Garages and Lots: Poorly lit, improperly monitored parking structures across Manhattan, Brooklyn, and Queens have been the scenes of robberies, carjackings, and assaults. Operators who fail to install cameras, hire attendants, or repair broken gate systems can face liability when those failures contribute to an attack.
  • Retail Stores and Shopping Centers: Large retail locations like those in Jamaica, Queens, Atlantic Terminal in Brooklyn, or along 125th Street in Harlem must manage crowd flow, control shoplifting confrontations, and maintain safe parking lots. When security staff escalate situations incorrectly or are simply absent, injuries follow.
  • Schools and Educational Facilities: Private schools, universities, and after-school programs in New York City have responsibilities to screen visitors and maintain controlled access. Assaults on students or staff caused by inadequate building access controls raise serious negligent security questions.
  • Hospitals and Healthcare Facilities: Patient waiting areas, parking lots adjacent to hospitals, and understaffed intake areas have all generated claims where patients or visitors were attacked while on healthcare property.

If You Were Attacked on Someone Else’s Property, Here Is What Matters Next

The first and most important thing is to seek medical attention immediately, both for your health and because medical records from the date of the incident are critical evidence. Do not delay treatment with the idea of gathering evidence first. Go to a hospital or urgent care, have your injuries documented thoroughly, and follow up on all recommended treatment. Gaps in medical care give insurers and defense lawyers an opening to minimize your injuries.

Report the incident to law enforcement as soon as you are able. In New York City, this means contacting the NYPD and filing a police report at the precinct that covers the location where the attack occurred. The precinct map in New York City is detailed; the 1st Precinct covers lower Manhattan, the 75th Precinct covers East New York in Brooklyn, and so on. The police report creates an official record that your attorney will use to establish the facts, identify potential witnesses, and preserve early documentation of what happened and where.

Notify the property owner or manager in writing as soon as possible. Do not make detailed recorded statements to their insurance company without speaking to an attorney first. Insurance adjusters are skilled at obtaining statements that can be used to minimize or deny your claim. Preserve any evidence you have: photographs of the scene, screenshots of any surveillance camera locations you noticed, names and contact information for witnesses, and all medical documents.

New York’s statute of limitations for personal injury cases generally gives you three years from the date of the incident to file a lawsuit. However, there are important exceptions. Claims against New York City or another municipal entity, such as an attack at a NYCHA property, require filing a Notice of Claim within 90 days of the incident. Missing that deadline can bar your claim entirely, regardless of how strong the underlying facts are. This makes speaking with a negligent security attorney in New York City quickly, not eventually, an important step after any attack on someone else’s property.

Negligent security cases in New York City are heard in Supreme Court (which is the trial court in New York, not an appellate body) in the county where the injury occurred. Manhattan cases go to New York County Supreme Court on Centre Street. Brooklyn cases go to Kings County Supreme Court on Adams Street. Bronx, Queens, and Staten Island each have their own Supreme Court facilities. An attorney who understands the local court system, the assigned judges, and how these cases move through discovery will be better positioned to manage your case efficiently.

Proving a Property Owner Failed Their Legal Duty in a New York Negligent Security Case

Liability in a negligent security claim rests on a well-established legal framework in New York. The property owner must have owed a duty of care to the person injured. That duty must have been breached through inadequate security measures. That breach must have been a proximate cause of the attack. And the victim must have suffered actual damages as a result. Each of those elements requires proof, and each one is typically contested.

The most heavily litigated element in these cases is foreseeability. New York courts ask whether the property owner knew or should have known that criminal activity on their premises was a foreseeable risk. Attorneys build this through prior crime history at the location or in the immediate area, police records showing past incidents, complaints made to management, and expert testimony on what security measures a reasonably prudent owner would have implemented given those conditions. A property in a neighborhood with documented prior robberies that fails to install cameras or hire security personnel faces a much harder time arguing that a robbery was unforeseeable.

Damages in negligent security cases can be substantial. Victims may recover for medical expenses, lost wages, future earning capacity if injuries are disabling, pain and suffering, and in some situations, punitive damages where the owner’s conduct was particularly egregious. When the victim of an attack dies, their family may have a wrongful death claim as well, which follows a separate legal framework in New York.

Negligent security cases often involve multiple defendants. The property owner, the management company, the contracted security firm, and sometimes individual security personnel can all carry potential liability. Sorting through those relationships and identifying which parties are actually responsible requires investigation that begins early, before evidence disappears and witnesses become unavailable. Working with a New York negligent security attorney promptly after an attack preserves options that delay can foreclose.

Questions About Negligent Security Claims in New York City

Can I sue if I was attacked on the street rather than inside a building?

Sidewalk and street attacks generally do not generate negligent security claims against property owners in the same way that attacks on private premises do. However, if the attack occurred near a business that has a duty to maintain the immediate surrounding area, or if the attack started inside a venue and moved outside, there may still be a claim worth evaluating. The specific facts determine whether there is a viable case against a property owner.

What if the person who attacked me was never arrested or identified?

The attacker’s identity and criminal prosecution are separate from your civil negligent security claim. You do not need the attacker to be arrested or convicted to pursue a civil lawsuit against the property owner. Your claim is against the owner for failing to prevent the foreseeable risk, not against the assailant in the context of a civil premises case. That said, if the attacker is identified and has assets, there may be a parallel avenue for recovery.

How is a negligent security case different from a regular slip-and-fall premises liability case?

Both arise from the same legal foundation, a property owner’s duty to maintain a reasonably safe environment. But negligent security cases involve the criminal acts of a third party rather than a physical hazard like a wet floor. That creates a more complex causation analysis, because defendants argue that they cannot be held responsible for another person’s intentional criminal act. Overcoming that argument requires demonstrating that the attack was foreseeable given the property’s history and circumstances, which takes different evidence and different expert witnesses than a standard premises case.

Does it matter if I was a trespasser or an uninvited guest at the property when the attack happened?

In New York, the duty of care owed by a property owner varies depending on whether someone is an invitee, a licensee, or a trespasser. Trespassers generally receive lesser protection under the law, but the analysis is fact-specific and the distinction can be blurry. If you were at a location where members of the public are generally permitted, even if you did not have a specific invitation, you may still have a viable claim. The circumstances of why and how you were on the property matter significantly.

Can I bring a negligent security claim if I was partly at fault for being in a dangerous area?

New York follows a pure comparative negligence rule. This means that even if you bear some degree of fault for the circumstances leading to your injury, you can still recover damages. Your total recovery is reduced by your percentage of fault, but not eliminated entirely. So if a jury finds you were 20 percent responsible and awards $500,000 in damages, you would recover $400,000. The property owner’s negligence in failing to provide adequate security is evaluated separately from any conduct attributed to you.

What documentation should I collect after an attack at a property?

Photographs of the location, particularly of broken lights, missing cameras, unsecured entry points, and damaged locks, are valuable and often disappear quickly once a property owner learns of potential litigation. Witness names and contact information, any incident reports provided by the property, surveillance footage you observed, and all medical records from your treatment are all important. If police responded, get the complaint number so your attorney can obtain the full report.

What happens if the attack happened at a New York City Housing Authority property?

NYCHA is a municipal entity, which means special rules apply. Before filing a lawsuit, you must serve a Notice of Claim on NYCHA within 90 days of the incident. After that, there is typically a hearing where NYCHA examines you under oath before litigation proceeds. Missing the Notice of Claim deadline is a serious problem that courts rarely excuse. If you were attacked at a NYCHA development, the clock on your filing deadline starts immediately.

How long does a negligent security lawsuit in New York City typically take?

Timeline varies considerably. Cases that settle before trial, which many do, can resolve in one to two years depending on the complexity of the liability questions and the severity of injuries. Cases that proceed through full discovery and to trial in Supreme Court can take three or more years, particularly in busy counties like Kings or New York County. The discovery process in these cases, which involves obtaining security logs, personnel records, prior incident reports, and expert disclosures, is often extensive.

Will my case be affected if the property owner claims they had a security guard on duty?

Having a security guard on duty does not automatically defeat a negligent security claim. The question is whether the security provided was adequate and reasonable under the circumstances. An undertrained guard, a single guard covering an area that required more personnel, a guard who abandoned their post, or a guard provided by a firm with no proper vetting process all raise separate liability questions. Adequacy of the security, not merely its existence, is what the law examines.

Can the security company itself be sued separately from the property owner?

Yes. In many negligent security cases, both the property owner and the contracted security firm bear potential liability. The security company may have provided inadequately trained personnel, deployed insufficient staff, or failed to follow its own protocols. These failures can make the security firm independently liable alongside the property owner. Identifying all potentially responsible parties and evaluating each one’s role in the circumstances of your attack is a core part of how these cases are built.

Serving Negligent Security Clients Across New York City’s Neighborhoods and Boroughs

Mark David Shirian P.C. represents victims of negligent security across the full geographic expanse of New York City and New York State. In Manhattan, the firm serves clients from the Upper West Side and Upper East Side south through Harlem, East Harlem, Washington Heights, Inwood, Midtown, Chelsea, Hell’s Kitchen, the Financial District, and Tribeca. Brooklyn clients come from Bushwick, East New York, Brownsville, Crown Heights, Bedford-Stuyvesant, Flatbush, Canarsie, Bay Ridge, and Park Slope. In the Bronx, the firm handles matters arising in Fordham, Mott Haven, Hunts Point, Morrisania, Tremont, and Co-op City. Queens clients include those from Jamaica, Flushing, Astoria, Jackson Heights, Corona, Elmhurst, Ozone Park, and South Jamaica. The firm also serves Staten Island residents from neighborhoods including St. George, New Dorp, and Tottenville. Beyond the five boroughs, the firm extends its representation to Nassau County, Suffolk County, Westchester County, and other communities throughout New York State where negligent security incidents occur.

Speak With a New York City Negligent Security Attorney About Your Case

What happened to you may have been violent and unexpected, but the legal path forward is navigable with the right representation. Mark David Shirian P.C. was founded with a single purpose: to help people who have been wronged. Attorneys Mark D. Shirian and Shawn D. Shirian have built the firm on direct client involvement, careful case preparation, and a track record of millions recovered for clients across New York. As a New York City negligent security attorney, Mark D. Shirian brings the same assertive, detail-focused approach to premises liability cases that the firm has applied to serious injury claims across every practice area. Clients consistently note the firm’s close attention to the facts that matter and its commitment to keeping them informed throughout the process.

A confidential case evaluation costs you nothing and can tell you quickly whether you have a viable negligent security claim, who the responsible parties might be, and what your options are going forward. Reach out to Mark David Shirian P.C. today to schedule your evaluation and get clear answers about your situation.

Dedicated To the satisfaction of our clients
He worked very hard to get the outcome that we both were looking for.

“In March of 2017, I had a wrongful job termination that distressed me… Read More

Mark pays close attention to details that are important for your case. I recommend him.

“An amazing attorney goes above and beyond for his clients. Mark pays close… Read More

Very compassionate and hard-working lawyer.

“Very compassionate and hard-working lawyer, fights hard for me and keeps me informed,… Read More

* Required Field

By submitting this form I acknowledge that contacting Mark David Shirian P.C. through this website does not create an attorney-client relationship, and any information I send is not protected by attorney-client privilege. Furthermore, by submitting this form, I agree to be contacted about my request & other information using automated technology. (Message frequency varies. Msg & data rates may apply. Text STOP to cancel.)
Acceptable Use Policy

protected by reCAPTCHA Privacy - Terms