When you enter businesses around New York, you expect a level of security to be present to protect you against criminal activity. When a business owner fails to meet the expected security standard, they may be negligent for injuries that occur.
Understanding negligent security laws can help you determine whether you may be eligible for compensation from the property owner. For personalized legal guidance, consult a negligent security lawyer in New York.
What Is Negligent Security?
Negligent security is a concept under premises liability law in which a property owner fails to meet the duty of care for securing their property, leading to criminal activity and damages. These cases are often nuanced, as not every type of property is held to the same standards for security.
Business owners are generally responsible for taking measures to prevent reasonably foreseeable third-party criminal acts. These measures can vary depending on the business, but they may include:
- Security cameras
- Locked doors after hours
- Security guards
- Adequate lighting
- Motion detectors
Certain crime rates are on the rise in New York City. Between 2019 and 2025, the rate of robberies across the city increased by 17%, according to the Council on Criminal Justice. The sexual assault rate in NYC was 20% higher in the first half of 2025 than in the first half of 2024. While larceny rates appear to be on the decline, they still occurred at a rate of around 844 incidents per 100,000 residents in the first half of 2025.
If you were a victim of criminal activity on someone else’s premises, tracing back whether inadequate security may have been at play can help you understand your options. If it was, you may be able to seek compensation for property owner negligence with the help of a negligent security lawyer in New York.
Proving Negligent Security in New York
A negligent security case must meet these four criteria under premises liability law:
- The property owner owed you a duty of care.
- The property owner breached their duty of care by having inadequate security measures.
- An incident occurred due to this breach (i.e., criminal activity that was reasonably foreseeable).
- You suffered injuries in the incident.
Duty of Care
Property owners generally owe a “duty of care,” or a responsibility to prevent foreseeable harm, to people who are lawfully on their premises. These may include:
- Invitees, or people the property owner explicitly or implicitly invites in for the property owner’s benefit. This may include customers at a store or patrons at a bank.
- Licensees, or people who are legally on the property for their own benefit. This might include a person who enters a gas station to use the restroom but does not make a purchase.
Property owners may not always owe a duty of care to trespassers or those who are illegally on the property. As long as you were not trespassing at the time of the incident, you and your negligent security lawyer should be able to prove that the property owner owed you a duty of care.
Breach of Duty of Care
Property owners breach their duty of care when they fail to act with reasonable care and caution to prevent foreseeable harm. In the case of negligent security, this would mean failing to provide reasonable security measures to deter crime.
Proving that a property owner failed to provide adequate security can be challenging, as many businesses do not adhere to specific laws regarding the necessary security measures. Instead, proving this point often requires you to show that a business acted outside of the standard set by other businesses in that area or industry.
For example, many gas stations and convenience stores have security cameras and lighting throughout the gas pumping area. When a gas station does not have these measures in place, it may be at a higher risk for criminal activity.
Reasonably Foreseeable Criminal Activity
Criminal activity can happen any time, anywhere, no matter what security measures a business has in place. This is why proving that the criminal activity was reasonably foreseeable with the help of a negligent security lawyer is necessary to prove negligent security. This would indicate that the property owner ignored known risks.
Criminal activity might be deemed “reasonably foreseeable” if any of the following are true:
- The business has experienced the same criminal activity in the past
- Nearby businesses have been experiencing an uptick in criminal activity (indicating increased crime rates in that geographical area)
- The type of business inherently experiences a greater risk of certain crimes (e.g., robbery at a bank)
- A reasonable person would expect that the business would be at risk of that type of crime without adequate security measures
If you can prove that one of these elements is true in your case with the help of a negligent security attorney, you may be able to tie the criminal activity to a breach of duty of care.
Damages
Finally, in order to have a negligent security case, you need to prove damages. These are the costs you incurred due to the property owner’s negligence.
Negligent security can lead to a wide range of crimes that leave you with damages, such as:
- Assault
- Rape
- Battery
- Theft
Negligent security is a type of personal injury case, which means you would need to prove that you experienced physical or emotional injury as a result of the property owner’s negligence. You might claim economic damages such as:
- Medical bills
- Lost wages and income
- Mental health therapy
- Disability
You might also claim non-economic damages to make up for the physical and emotional toll that does not equate to a monetary price tag. These damages might include:
- Pain and suffering
- Emotional distress
- Disfigurement
- Loss of enjoyment of life
What You Can Do After Assault and Violent Crime Injuries in NYC
If you were injured as the victim of a crime on another person’s property, you may be able to pursue legal action against the property owner or their insurance company. Following these steps can help you build your case:
- Call the police to report the crime and seek aid. They will create a police report that you can use as part of your case.
- Seek medical attention promptly to begin treating injuries and gain medical documentation to use in your case.
- Alert the property owner about the incident if they have not already been alerted.
- Consult a negligent security lawyer to discuss your legal rights and options.
Consult Our Negligent Security Lawyers in New York
Were you the victim of a crime that led to injuries on another person’s property? Our experienced lawyers at Ross & Hill provide legal guidance and support to victims of negligent security. We can help you understand your legal options for seeking compensation and guide your next steps.
Call us today at (646) 351-6222 to request a free consultation.
Frequently Asked Questions
What if you only experienced emotional damages and not a physical injury after negligent security?
You may be able to pursue legal action for emotional damages like mental anguish and emotional distress after a negligent security incident.
Can you sue the person who committed the criminal act after negligent security?
Yes, you may be able to pursue legal action against the person who committed the criminal act and seek damages from them. Talk to your negligent security lawyer about your options.
Do you need a lawyer for negligent security cases?
Having a negligent security lawyer can be incredibly helpful as you understand your options and pursue legal action. You can also consult our premises liability vs. personal injury guide for more information.
