Reviewed by Laurence P. Banville, Esq.Who can be held liable?
The person who pulled the trigger is criminally responsible, but they are often unidentified, uninsured, or judgment-proof. A civil negligent security claim instead looks at the parties who controlled the property and owed you a duty of reasonable care, which can include:
- The garage owner or the management company that operates it
- A parking operator or valet company under contract
- The landlord if the garage serves an apartment, office, or retail building
- A security contractor that was hired to patrol or monitor the property and did so negligently
What you have to prove
New York landowners must keep their property reasonably safe, including taking minimal precautions against foreseeable criminal acts by third parties. To win, you generally need to show the attack was foreseeable, that the owner failed to take reasonable security measures, and that this failure was a proximate cause of your injuries. Foreseeability usually turns on the history of crime at or near the garage, such as prior assaults, robberies, or shootings the owner knew or should have known about.
What counts as reasonable security?
There is no single checklist, and the standard scales with the risk. In a high-crime location, reasonable measures a jury may consider include:
- Working lighting throughout the structure and stairwells
- Functioning surveillance cameras and monitoring
- Controlled access, gates, or attended entry points
- Security patrols or guards where the crime history warrants them
- Repaired locks, doors, and barriers
The question is not whether the owner could have stopped every crime, but whether they did what a reasonable owner would do given what they knew about the danger.
How long do you have to file?
In New York, most personal injury claims, including negligent security, must be filed within three years of the incident. CPLR §214 If the shooting was fatal, a wrongful death claim brought by the estate has a shorter window of two years from the date of death. EPTL §5-4.1 If the garage is owned or operated by a public entity, a Notice of Claim is generally required within 90 days. GML §50-e
What is a claim worth?
No honest attorney can promise a number, and prior results do not guarantee future outcomes. Value depends on the severity of your injuries, medical costs, lost income, long-term impairment, and the strength of the foreseeability evidence. New York also follows pure comparative negligence, so any percentage of fault assigned to you reduces, but does not eliminate, your recovery. CPLR §1411 For shooting and violent crime cases, Banville Law works in partnership with The Haggard Law Firm to ensure clients have access to experienced trial counsel.
Parking-garage shootings are one type of negligent security case. To understand how these claims work across other settings, explore our negligent security resources and related guides below.
Frequently asked questions
Can I sue if the shooter was never caught?
Yes. A negligent security claim is against the property owner or operator, not the shooter, so it can proceed even if the gunman is never identified or arrested. The focus is on whether the garage failed to provide reasonable security against a foreseeable crime.
What makes a shooting 'foreseeable' to a garage owner?
Foreseeability usually comes from prior crime at or near the property, such as earlier assaults, robberies, or shootings the owner knew or should have known about. A documented history of violence puts the owner on notice that stronger security may be required.
Does it matter if security cameras were broken or lighting was out?
It can matter a great deal. Broken cameras, burned-out lights, broken gates, and missing patrols are common evidence that an owner failed to take reasonable precautions. Whether those failures caused your harm is decided based on the full circumstances.
How long do I have to file a parking garage shooting claim in New York?
Most personal injury negligent security claims must be filed within three years of the shooting under CPLR §214. A wrongful death claim has a two-year deadline under EPTL §5-4.1, and claims against a public entity generally 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 shooter, that intentional tort claim carries a shorter one-year deadline under CPLR §215(3). Act quickly — surveillance footage disappears fast and multiple deadlines may apply.
Will my own actions reduce my recovery?
New York uses pure comparative negligence, so if you are found partly at fault your recovery is reduced by your percentage of fault but not barred entirely. An attorney can assess how this might apply to your situation.