Reviewed by Laurence P. Banville, Esq.When a landlord can be held liable for an assault
New York landlords have a legal duty to take reasonable measures to keep their residents and visitors safe from foreseeable criminal acts. You generally are not suing for the assault itself, which is the criminal’s act, but for the building owner’s failure to provide adequate security that helped make the attack possible.
Liability often turns on two questions: was the attack foreseeable, and did the owner fail to act reasonably in response. Foreseeability usually depends on prior crime in or around the building, the neighborhood’s history, and whether the owner knew or should have known of a danger.
What counts as inadequate security
Common security failures that can support a claim include:
- Broken or propped-open exterior doors and locks
- Non-working buzzer or intercom entry systems
- Burned-out lighting in lobbies, hallways, stairwells, or parking areas
- Broken security cameras, or none where they were reasonably needed
- Absent or inattentive security personnel the owner had promised or provided
- Ignored complaints about trespassers, prior break-ins, or earlier attacks
What you have to prove
To recover, you generally must show the owner owed you a duty, breached it through inadequate security, and that the breach was a proximate cause of an assault that was reasonably foreseeable. New York follows pure comparative negligence CPLR §1411, so any share of fault assigned to you reduces but does not eliminate your recovery.
Evidence matters enormously: police reports, prior 311 and crime data, building maintenance records, lease security promises, and surveillance footage all help establish foreseeability and breach.
How long you have to file
Most personal injury claims in New York must be filed within three years of the injury CPLR §214. If the assault was fatal, a wrongful death claim is generally subject to a two-year deadline EPTL §5-4.1. If the building is owned by a public housing authority or other government entity, much shorter deadlines apply, including a Notice of Claim typically due within 90 days GML §50-e. Deadlines are strict, so it is wise to act quickly.
What a case may be worth
There is no fixed dollar figure. Value depends on factors like the severity of your injuries, medical expenses, lost income, long-term effects, the strength of the foreseeability evidence, and any comparative fault. Every case is different, and prior results do not guarantee future outcomes.
If you were hurt in an attack at an apartment building, learning how New York treats these claims is the first step. You can read more on our Negligent Security hub and the related guides below. For assault and violent crime cases, Banville Law works in partnership with The Haggard Law Firm to ensure clients have access to experienced trial counsel.
Frequently asked questions
Can I sue my landlord if I was attacked in my apartment building?
Possibly. If the owner failed to provide reasonable security and that failure helped make a foreseeable attack possible, you may have a negligent security claim. The key issues are whether the attack was foreseeable and whether the owner acted reasonably.
What makes an assault foreseeable to a landlord?
Foreseeability usually rests on prior crime in or around the building, the neighborhood's history, and whether the owner knew or should have known of a specific danger. Ignored complaints about trespassers or earlier incidents can be strong evidence.
How long do I have to sue after an apartment assault in New York?
Most personal injury negligent security claims must be filed within three years under CPLR §214. Wrongful death claims generally have a two-year deadline under EPTL §5-4.1, and claims against public housing authorities can require a Notice of Claim within 90 days under GML §50-e. If you also want to pursue a direct assault and battery claim against the person who attacked you, that intentional tort claim carries a shorter one-year deadline under CPLR §215(3). Deadlines are strict — confirm all that apply to your situation early.
Does it matter that the attacker, not the landlord, hurt me?
No. You are not suing the landlord for committing the assault. You are claiming the owner's failure to provide adequate security helped allow a foreseeable attack to occur. Both the criminal and a negligent owner can bear responsibility.
What is my negligent security case worth?
There is no set amount. Value depends on injury severity, medical costs, lost income, long-term effects, the strength of the evidence, and any comparative fault. Every case differs and prior results do not guarantee future outcomes.
Does it matter whether the attacker was an intruder or someone who lived in the building?
It can be decisive. New York's high court has held that in a negligent-security case a tenant generally has to show the assailant was an intruder who got in through a negligently maintained entrance -- a broken lock, a propped door, a dead buzzer -- rather than someone who was already lawfully inside. If the attacker was another tenant, a tenant's invited guest, or someone buzzed in by a resident, proving that better door security would have stopped the assault becomes much harder. That's why footage and testimony about how the person entered the building matter so much.
What exactly does a private landlord in New York owe its tenants for security?
New York courts require a residential landlord to take 'minimal precautions' to protect tenants and guests against reasonably foreseeable criminal acts by third parties. That does not mean guaranteeing your safety or hiring armed guards. It means basics that a reasonable owner in that building, in that neighborhood, with that crime history would provide -- working entry-door locks, a functioning intercom or buzzer, adequate lighting, and responding when tenants report broken security. Whether the landlord met that floor is judged against what was foreseeable at that specific property.
Is my landlord required by law to keep the entrance door and intercom working?
In many New York City apartment buildings, yes. State multiple-dwelling law requires larger residential buildings to have self-closing, self-locking entrance doors and a two-way intercom system so tenants can screen who they let in. When a landlord lets those required systems fall into disrepair and an intruder exploits the gap to assault someone, that violation is strong evidence of negligence. Keep any complaints you made about the broken door or buzzer, since they help show the owner knew and failed to fix it.