negligent security

The term “negligent security” describes a situation where you become the victim of a violent, criminal attack, such as an assault, shooting, rape or robbery, while on someone else’s property. These claims usually come up in the context of a customer being followed to their car in a shopping center and mugged before they can get in their car; a person being robbed or shot while removing money from an ATM machine; an assault inside a hotel room, or a robbery at a gas station while you are standing next to your car, filling up with gas; or an assault in the lobby of an apartment complex. The law imposes a duty on these commercial establishments to maintain their property in a reasonably safe condition. You have the right to rely upon a property owner to have adequate security measures in place to protect you from being robbed or attacked.


New York impose an obligation on property owners and businesses to take reasonable measures to protect members of the public who visit their premises. Protecting visitors includes providing adequate security. Negligent security claims for damages frequently arise at the following locations:


  • Office buildings

  • Apartment and condominium complexes

  • Gas stations

  • Convenience stores

  • Hotels and motels

  • Colleges and university campuses

  • Parking garages and parking lots

  • Shopping centers

  • Sports arenas and entertainment facilities


What is adequate security depends upon many factors, including the property or business owner’s knowledge of past criminal activity at the premises or in the surrounding area. For example, if a shopping center is constantly the subject of parking lot robberies, the shopping center has a duty to add more security guards, put up more video surveillance, add more lighting, eliminate some entrances and exits or to take other action that other shopping centers would or should take to protect against crime.


The failure of a business or property owner to provide adequate security may take many forms, including:


  • Inadequate lighting

  • Failure to post security guards

  • Lack of video monitoring

  • Inadequate video surveillance

  • Broken locks on entry doors


Robbery, assault, rape, carjacking and other serious crimes may be caused by the negligence of owners of businesses and property. If you suffer an injury, you may be entitled to recover the following damages from the property owner or other party responsible for security at the property:


  • Pain and suffering

  • Medical expenses, including future medical bills

  • Lost earnings, including lost or diminished future earnings

  • Other out-of-pocket expenses


When you suffer an injury due to negligent security, Alvarez Law, PLLC, aggressively fights to obtain the compensation you deserve. Call us today to schedule a free consultation with one of our trusted negligent security attorneys.