Legal Options for Victims of Assault in Apartment Complexes

Your home should be the one place you feel safe. When broken locks, dark stairwells, or an unstaffed lobby make it easy for a criminal to get in, an assault that happens on the property may not be just a crime—it may also be the result of negligent security. In these situations, the landlord or property manager who ignored known safety risks can be held financially responsible alongside the attacker.

Hill & Moin LLP has spent decades holding New York property owners accountable under premises liability law, including cases involving inadequate security. This guide explains how negligent security claims work after an apartment complex assault, what evidence matters most, what compensation may be available, and why acting quickly protects your rights.

You deserve a law firm that prioritizes your safety and recovery.

What Is a Negligent Security Claim?

A negligent security claim is a type of premises liability case. It argues that a property owner, landlord, or management company failed to take reasonable steps to protect residents and guests from a foreseeable crime, and that this failure allowed the assault to happen.

To succeed, you generally must show:

• The property owner knew, or reasonably should have known, about a security risk or pattern of criminal activity
• The owner failed to take reasonable steps to address that risk
• This failure was a substantial factor in causing your assault and resulting injuries

Importantly, a negligent security claim does not require proving that the landlord could have stopped the specific attacker. It requires showing that reasonable security measures, if in place, would likely have prevented the type of harm that occurred.

Common Examples of Negligent Security in NYC Apartment Complexes

Apartment buildings across the five boroughs vary widely in age, size, and upkeep, but certain patterns show up again and again in negligent security cases. Examples include:

• Broken or bypassed security gates and entry systems. A front gate or fob-access door that has been propped open, broken, or left unrepaired for weeks invites unauthorized entry.
• Malfunctioning locks. Apartment, stairwell, roof, or laundry room doors with locks that don’t latch properly can let an intruder wander the building undetected.
• Inadequate lighting. Dim or burnt-out lighting in parking areas, courtyards, stairwells, and hallways creates cover for an assailant.
• Lack of security personnel. Buildings that advertise “24-hour doorman” or “on-site security” but understaff those positions, or eliminate them altogether, may be liable if a resident is attacked as a result.
• Missing or non-functioning surveillance cameras. Cameras that are broken, unmonitored, or purely decorative fail to deter crime and can also make it harder to identify an attacker afterward.
• Repeated criminal activity on or near the property. If a landlord received prior police reports, 311 complaints, or resident complaints about trespassers, break-ins, or prior assaults and did nothing, this history can be powerful evidence of foreseeability.
• Ignored tenant complaints. Emails, maintenance requests, or written notices about broken locks, propped doors, or suspicious individuals loitering in common areas—especially if unaddressed for an extended period—can establish that management had notice of the danger.

Each of these examples, standing alone or together, can support a claim that the property owner’s negligence contributed to the conditions that made an assault possible.

Security Failure	Why It Matters Legally
Broken entry gate or buzzer system	Shows unauthorized individuals could freely access the building
Non-functioning locks on common doors	Suggests management ignored a known point of entry for intruders
Poor lighting in hallways, stairwells, garages	Creates concealment for criminal activity; often cited in prior safety complaints
Absent or reduced security staff	May breach a specific promise made in a lease or building marketing materials
History of crime on the premises	Establishes that the assault was foreseeable, a key legal element
Unaddressed tenant complaints	Demonstrates the landlord had actual notice of the danger before the assault

Don’t wait—your future starts with one phone call.

Evidence to Preserve After an Apartment Complex Assault

Negligent security cases are won or lost on evidence, much of which can disappear quickly if it isn’t secured early. After prioritizing your immediate safety and medical care, try to help your attorney gather:

• Police reports. The responding officers’ report documents the date, time, and circumstances of the assault and often notes visible security conditions.
• Surveillance footage. Building cameras, nearby businesses, or MTA/city cameras may capture the assault or the assailant’s entry point. Footage is frequently overwritten within days, so it must be requested immediately.
• Witness statements. Neighbors, doormen, delivery workers, or passersby may have seen the attacker, a broken door, or a lack of security staff. Get names and contact information as soon as possible.
• Maintenance records. Work orders, service logs, or vendor invoices related to locks, gates, lighting, or cameras can show whether known problems were fixed—or ignored.
• Prior crime reports and 311/HPD complaints. Records of previous incidents at the property help establish that the assault was foreseeable.
• Medical records. Documentation of your injuries, treatment, and any related psychological care supports both the facts of the assault and your damages claim.
• Photographs and video. Images of the broken lock, propped door, dark stairwell, or malfunctioning camera—taken as soon as it is safe to do so—can be some of the most persuasive evidence in the case.

A premises liability attorney can send preservation letters to the property owner and third parties, compelling them to retain footage and records that might otherwise be deleted or discarded.

Types of Damages Available in a Negligent Security Case

Victims of apartment complex assaults often face medical bills, lost income, and lasting psychological effects. Depending on the facts of your case, you may be able to pursue compensation for:

• Medical expenses, including emergency treatment, surgery, physical therapy, and future care
• Lost wages and diminished earning capacity, if your injuries kept you from working or limited future employment
• Pain and suffering, covering the physical pain endured from the attack
• Psychological and emotional distress, including therapy or treatment for trauma, anxiety, or PTSD
• Property damage, if belongings were damaged or stolen during the incident
• Wrongful death damages, including funeral and burial costs and loss of support, in cases where an assault results in a fatality

Because every case is different, an experienced attorney can evaluate the specific losses tied to your situation and pursue the full value of your claim.

New York Legal Deadlines: Why Acting Quickly Matters

New York law imposes strict filing deadlines, known as statutes of limitations, on personal injury and premises liability claims. In most negligent security cases against a private property owner, you generally have a limited number of years from the date of the assault to file a lawsuit. Claims against a city or state-owned property can carry much shorter notice deadlines—sometimes as little as 90 days to file a formal notice of claim.

Missing these deadlines can permanently bar your right to recover compensation, regardless of how strong your case might otherwise be. Beyond the legal deadlines, evidence like surveillance footage and witness memories degrade quickly. The sooner an attorney can investigate, the stronger your case is likely to be.

You deserve a law firm that prioritizes your safety and recovery.

How Hill & Moin LLP Approaches Negligent Security Cases

Hill & Moin LLP has represented New York residents in premises liability and negligent security matters for decades, and our attorneys understand how to investigate a building’s security history, obtain footage before it is lost, and hold property owners accountable for foreseeable, preventable crimes. Our team regularly works with security experts, private investigators, and medical providers to build the strongest possible case on your behalf.

We also understand the sensitivity of these cases. Our attorneys approach every client with compassion, discretion, and a commitment to helping you rebuild—not just recover a settlement.

Learn more about our approach to negligent security claims and how our premises liability team has helped victims across New York City hold negligent landlords accountable.

Frequently Asked Questions

1. Can I sue my landlord if I was assaulted in my apartment building? Yes, if you can show the landlord knew or should have known about a security risk and failed to take reasonable steps to address it, you may have a negligent security claim in addition to any case against the attacker.
2. What if the assailant was never caught? You do not need to identify or catch the attacker to pursue a negligent security claim against the property owner. The case focuses on the landlord’s failure to provide reasonable security, not on prosecuting the assailant.
3. How do I prove my landlord knew about the danger? Prior police reports, 311 or HPD complaints, maintenance requests, and witness statements about ongoing problems—like broken locks or a history of break-ins—can establish that the landlord had notice of the risk.
4. How long do I have to file a negligent security lawsuit in New York? Deadlines vary depending on whether the property is privately or publicly owned, and cases involving government-owned buildings can require a formal notice within a matter of months. Speaking with an attorney promptly helps ensure you don’t miss a critical deadline.
5. What compensation can I recover in a negligent security case? Depending on your case, you may be able to recover medical expenses, lost wages, pain and suffering, psychological treatment costs, and, in fatal cases, wrongful death damages.
6. Will my case go to trial? Many premises liability and negligent security cases settle before trial, but Hill & Moin LLP prepares every case as though it may be litigated, which strengthens your negotiating position.
7. What should I do first after an assault in my apartment building? Seek medical attention, report the assault to police, document the scene and your injuries with photos, get witness contact information, notify your landlord in writing, and contact a premises liability attorney as soon as possible.

Take the Next Step Toward Justice and Recovery

An assault in your own apartment complex can leave you feeling betrayed by the very place that was supposed to keep you safe. You deserve answers, accountability, and a legal team that will fight to hold negligent property owners responsible.

Call Hill & Moin LLP today at (212) 668-6000 or complete our online form to schedule your confidential, no-obligation consultation. Your case. Your future. Our priority.