New York Negligent Security Law: Statute, Standards & Key Cases

A tenant opens her apartment door and is immediately pushed back inside by two men who beat and rob her. The building's front door lock has been broken for months. The intercom system does not work. The landlord knows — tenants have complained repeatedly. The building has 25 apartments, and the assailants are not residents. They walked in through an unsecured entrance that should have been locked.

In New York, this is a textbook negligent security claim. The state's courts have developed detailed rules governing exactly when a landlord is liable for criminal acts committed by intruders who gain access through negligently maintained security — and the case law overwhelmingly favors tenants and visitors who can prove the landlord failed to maintain basic security measures.

New York also gives plaintiffs three years to file — longer than most states — and follows a pure comparative fault system that allows recovery regardless of the plaintiff's share of fault. This guide covers the current law.

Statute of Limitations

Three years from the date of the injury. Under New York Civil Practice Law and Rules (CPLR) § 214, personal injury claims — including negligent security — must be filed within three years.

This is more generous than most states, which impose a two-year deadline.

Claims against government entities have significantly shorter deadlines:

• A Notice of Claim must be filed within 90 days of the incident.
• The lawsuit must be filed within one year and 90 days of the incident.

Claims against the New York City Housing Authority (NYCHA) — a frequent defendant in negligent security cases — require compliance with these government entity deadlines.

Tolling exceptions: The statute may be tolled for minors (until age 18), for persons who are mentally incapacitated, or when the defendant is absent from the state.

Legal Standard

Duty of Care

New York property owners have a duty to maintain their premises in a reasonably safe condition. This includes a duty to take reasonable precautions to protect persons on the property from foreseeable criminal acts by third parties.

For landlords specifically, New York's Court of Appeals has recognized a narrow but well-defined duty to maintain minimal security measures in residential buildings. This duty arises from the landlord-tenant relationship and the landlord's exclusive control over common areas (lobbies, hallways, stairwells, building entrances).

Foreseeability

New York courts require that the property owner "knows or has reason to know from past experience that there is a likelihood of conduct on the part of third persons which is likely to endanger the safety of a tenant or visitor" (Jacqueline S. v. City of New York, 81 N.Y.2d 288 (1993)).

Key points about New York's foreseeability standard:

• Prior criminal activity at the property is the strongest evidence of foreseeability.
• The prior crimes do not need to be at the exact location where the plaintiff was harmed.
• The prior crimes do not need to be of the same type as the crime committed against the plaintiff.
• A history of any criminal activity bearing temporally and proximately on the plaintiff's injuries can establish foreseeability.

The Intruder Requirement

New York has a unique element in negligent security cases involving residential buildings. Under Burgos v. Aqueduct Realty Corp., 92 N.Y.2d 544 (1998), the plaintiff must prove that the assailant was an intruder who gained access through a negligently maintained entrance.

The logic: even a perfectly secured building entrance would not keep out another tenant or someone admitted by a tenant. A landlord's failure to maintain door locks and intercom systems is only relevant if the criminal was an outsider who entered through the broken security. If the assailant was a fellow tenant, the broken lock did not cause the harm.

This means the plaintiff must establish — through direct or circumstantial evidence — that the attacker was not a building resident. In Burgos, the plaintiff knew all building residents and testified the attackers were not among them. The Court of Appeals held this was sufficient circumstantial evidence.

Pure Comparative Fault

New York follows pure comparative fault under CPLR § 1411. A plaintiff can recover damages even if they are predominantly at fault. Recovery is reduced by the plaintiff's percentage of fault, but it is never barred entirely.

If a jury finds the plaintiff 80% at fault and the property owner 20% at fault, the plaintiff recovers 20% of their total damages. There is no threshold cutoff.

Key New York Cases

Nallan v. Helmsley-Spear, Inc. (N.Y. 1980)

The New York Court of Appeals held that a building owner was liable for the shooting of a visitor in the building's lobby. The building had experienced 107 reported crimes in the 21 months before the shooting, and the security attendant was absent from the lobby at the time of the attack. The court established that a landlord must anticipate harmful acts by third persons when past experience provides notice, and must exercise reasonable care to protect visitors — including maintaining lobby security personnel when the crime history warrants it.

Jacqueline S. v. City of New York (N.Y. 1993)

The Court of Appeals defined the scope of the foreseeability requirement. The court held that foreseeability does not require prior crimes at the exact location of the plaintiff's injury or of the same type of crime. Criminal activity that "bears temporally and proximately" on the plaintiff's injuries is sufficient to establish notice. This broadened the range of prior incidents that can support a negligent security claim.

Burgos v. Aqueduct Realty Corp. (N.Y. 1998)

The Court of Appeals established the intruder requirement for residential building cases. The court held that the causal link between a landlord's failure to maintain security and a tenant's injuries can only be established if the assailant gained access through a negligently maintained entrance. The plaintiff must show the attacker was an intruder, not a fellow tenant — but circumstantial evidence (such as knowing all building residents and identifying the attackers as non-residents) is sufficient.

What Property Owners Must Do

Residential Landlords

New York imposes specific security obligations on residential landlords through statute and case law:

Building entrance security:

• Functioning locks on all building entrance doors
• Self-closing doors on all building entrances (required by New York City Housing Maintenance Code for buildings with 8+ units)
• Intercom or buzzer systems in buildings that restrict entry
• Adequate lighting in lobbies, hallways, and stairwells

Common area safety:

• Functioning lighting in all common areas, including basements and laundry rooms
• Working locks on doors leading to rooftops, basements, and utility areas
• Maintenance of elevator security features

The key obligation is maintenance. A landlord who installs a lock on the front door and then allows it to remain broken for months is liable for the security failure. New York courts consistently hold that the duty is not just to install security measures but to maintain them in working order.

Commercial Property Owners

Commercial property owners (hotels, shopping centers, parking garages, entertainment venues) must exercise reasonable care commensurate with the known risks:

• Security personnel proportionate to the crime risk level
• Functioning surveillance systems
• Adequate lighting in all areas open to the public
• Controlled access where appropriate
• Response protocols for security incidents

New York City Housing Authority (NYCHA)

NYCHA is one of the most frequently sued entities in New York negligent security litigation. NYCHA buildings have well-documented histories of broken entrance locks, non-functioning intercom systems, and inadequate lighting. Claims against NYCHA must comply with the government entity notice requirements (90-day Notice of Claim).

Available Damages

Successful New York negligent security claims may recover:

• Medical expenses — past and future
• Lost wages and earning capacity — past and future
• Pain and suffering — physical pain from the injury
• Emotional distress — psychological trauma, PTSD, anxiety
• Loss of enjoyment of life — diminished quality of life due to the injury
• Loss of consortium — a spouse's claim for loss of companionship
• Wrongful death damages — if the victim died, under EPTL § 5-4.1. New York limits wrongful death damages to pecuniary (financial) losses — pain and suffering of the survivors is not recoverable in a wrongful death action, though the estate can bring a separate survival claim for the decedent's pain and suffering before death (see our New York wrongful death guide)
• Punitive damages — available in cases of egregious misconduct, though less commonly awarded in negligent security cases

New York does not impose statutory caps on compensatory damages in negligent security cases.

Practical Next Steps

If you were a crime victim at a New York property with inadequate security:

Note your deadline: three years (90 days for a Notice of Claim if the property is government-owned, including NYCHA). The government entity deadline is the most commonly missed deadline in New York negligent security cases — if you were harmed at a public housing property, city park, or government-owned facility, act immediately.

Document the building's security conditions. Photograph the entrance locks, intercom, lighting, cameras, and any visible deficiencies. If the front door lock is broken, photograph it.

Establish that the attacker was not a building resident. This is critical for residential building cases. If you know your neighbors and the attacker was not among them, document this immediately — write it down, tell the police, tell your attorney.

Get the police report. It documents the crime, location, time, and circumstances of entry.

Preserve medical records. All treatment records are evidence of damages.

Do not give statements to the landlord's insurance company. Their goal is to minimize or deny your claim.

Consult a New York premises liability attorney. These cases require proof of the building's crime history, the condition of security measures, and (in residential cases) that the attacker was an intruder. An attorney can subpoena police records, maintenance logs, and tenant complaints.

Related New York Guides

• New York Premises Liability Law — the broader duty-of-care framework
• New York Wrongful Death Law — when a negligent security failure results in death

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Last updated: May 27, 2026. Consult a New York attorney for advice specific to your situation.