The person who attacked you is responsible for the crime. The landlord or business that left the door open may be responsible too.
New York landlords have a duty to take minimal security precautions to protect tenants from foreseeable crime.
Security Failures We See
- Broken front door locks and intercoms
- Doors propped open or left unrepaired for weeks
- Burned out lights in lobbies, stairwells, and parking areas
- Broken or missing cameras
- No response to repeated tenant complaints
- Bars and clubs with untrained or too few security staff
What We Have to Prove
- The crime was foreseeable. Prior crime in the building or the complex, tenant complaints, and police records show that. The earlier crimes do not have to be identical or in the same spot.
- The owner failed to take minimal precautions, such as a working lock on the entrance.
- The failure let it happen. In a broken door case, that usually means showing it is more likely than not that the attacker was an intruder who came in through the unsecured entrance.
Evidence We Go After
- Repair tickets, work orders, and tenant complaints
- Police reports and crime statistics for the building and the area
- Camera footage and access records
- Security contracts and staffing logs
What You Can Recover
- Medical bills, past and future
- Lost wages and loss of future earning ability
- Pain and suffering
- Loss of enjoyment of life
- The cost of counseling and psychological care
Deadlines
Most New York injury lawsuits must be filed within three years of the accident.
If the building belongs to NYCHA or another public agency: Claims against the City of New York, the Transit Authority, NYCHA, or another public agency move faster. A written notice of claim is generally due within 90 days, and the lawsuit generally must be filed within one year and 90 days.
Common Questions
The attacker was never caught. Can I still bring a case?
Yes. You do not have to identify the attacker. The evidence has to make it more likely than not that the person was an intruder who got in because of the security failure.
Does a criminal case against the attacker affect my claim?
They are separate. A conviction can help, but your civil claim does not depend on one.
I was a guest, not a tenant. Do I have rights?
Generally, yes. The duty extends to people lawfully in the building.
Talk to a Lawyer Today
The consultation is free. There is no fee unless we win, and we advance the costs of the case. You speak with your attorney directly, not a call center.