Queens Negligent Security Lawyer

When a crime happens on someone else's property in Queens, the question isn't only who did it. It's also who failed to prevent it. If you were assaulted in a building hallway, robbed in a parking garage, or attacked in a NYCHA development because of inadequate security, a Queens negligent security lawyer can help you pursue a civil claim against the property owner. Our attorneys at The Orlow Firm have handled negligent security cases throughout Flushing, Jamaica, Astoria, Long Island City, and the rest of Queens for more than 40 years.

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Negligent security is a type of premises liability lawsuit. When a property owner knows, or reasonably should know, that there is a risk of criminal harm on their property and fails to take reasonable steps to address it, they can be held legally responsible for the injuries that result.

This is not a criminal charge against the attacker. It's a civil claim against the property owner, landlord, building manager, or other entity that controlled the premises. The core principle: property owners owe a duty to protect tenants, guests, customers, and visitors from foreseeable harm, including harm caused by third-party criminals.

Queens's density makes this a real issue. The borough includes NYCHA residential towers, crowded subway corridors, nightlife strips, parking garages, and commercial shopping centers. Each type of property carries its own security obligations, and failures at any of them can support a claim.

The New York Legal Framework: What Property Owners Are Required to Do

New York's common law sets a clear standard. Building owners and managing agents must take minimal security precautions to protect tenants and guests from foreseeable criminal acts of third parties. This duty comes from the landmark case Nallan v. Helmsley-Spear, Inc., 50 N.Y.2d 507 (1980), and was extended by the Court of Appeals in Jacqueline S. v. City of New York, 81 N.Y.2d 288 (1993).

Property owners are not required to guarantee your safety. Courts have been clear: owners are not insurers against all crime. But they must act reasonably when the risk is foreseeable.

Foreseeability is the key question. Courts ask whether the criminal conduct was "reasonably predictable based on the prior occurrence of the same or similar criminal activity at a location sufficiently proximate to the subject location" (Novikova v. Greenbriar Owners Corp., 258 AD2d 149 [1999]). Prior similar crimes at the property, tenant complaints, police call records, and neighborhood crime rates can all show that a landlord had reason to know about the risk.

One thing to know about Queens specifically: these cases are decided in the Second Department of the New York Supreme Court, Appellate Division. How foreseeability gets interpreted can differ between the First Department (the Bronx and Manhattan) and the Second Department (Queens, Brooklyn, and Long Island). Our attorneys know which evidence carries the most weight in Queens County Supreme Court and how Second Department judges approach these cases.

Proving a Negligent Security Case: The Four Elements

Think of a negligent security claim as a series of gates. To succeed, your case needs to pass through all four. Our attorneys look at each one from day one.

Gate 1: Duty of Care

The property owner, landlord, manager, or entity must have owed you a duty of care. If you were a tenant, guest, customer, or otherwise lawfully on the property, a duty exists. Government entities, including NYCHA, the MTA, and NYC Parks, also owe this duty. The process for pursuing a claim against them is different and involves strict deadlines (see below).

Gate 2: Foreseeability

This is typically the hardest gate to open, and the one where your attorney's investigation matters most. Was the attack reasonably predictable given what the property owner knew or should have known?

Evidence that can establish foreseeability:

• Prior similar incidents at the property
• Tenant or customer complaints about security conditions
• NYPD complaint records for the property or surrounding precincts
• Security cameras, guards, or other measures that were later removed or discontinued
• Neighborhood crime rates

New York law does not require the prior crime to be identical to your attack. It must be "substantially similar." Our attorneys use that standard strategically based on the facts of your case.

Gate 3: Breach of Duty

Once foreseeability is established, we identify what security measures were absent or inadequate. Common breaches include:

• Broken or non-functioning door locks, intercoms, or entry systems
• Poor or absent lighting in hallways, parking areas, stairwells, and common areas
• Missing or disabled security cameras
• No security personnel at a high-risk location
• Failure to respond to prior tenant complaints or police reports
• Negligent hiring or supervision of employees who later caused harm

In some cases, the breach is the removal of security that previously existed. If a building discontinued cameras or let a guard contract lapse before an attack, the decision to cut security can itself support liability.

Gate 4: Damages

Negligent security attacks cause serious, lasting harm. Our clients have suffered physical injuries requiring surgery, long-term PTSD, lost wages, and in the worst cases, wrongful death. Each element of damage matters for building the full value of your claim.

Where Negligent Security Cases Arise in Queens

Negligent security claims can involve almost any type of property. The types most common in Queens include:

Residential apartment buildings, including NYCHA developments such as Queensbridge Houses, Ravenswood Houses, Astoria Houses, and Woodside Houses. Common entry points, mailrooms, stairwells, and elevators are frequent attack sites when access control systems are broken or absent.

Parking garages and lots, particularly near transit hubs in Jamaica, Flushing, and Long Island City, as well as airport-adjacent lots near JFK. Robberies and assaults tend to cluster in poorly lit or unmonitored sections.

Bars, nightclubs, and restaurants, primarily in Astoria, Flushing, and the Jamaica corridor. If a venue has a history of fights, stabbings, or disturbances, the owner has a duty to provide adequate staffing or security.

Hotels and motels, especially in the Jamaica and JFK area, where high guest turnover creates elevated risk. Hotel owners can be liable for inadequate lobby security, broken room locks, or failure to act on known threats.

Retail and shopping centers, including Queens Center Mall in Elmhurst and Jamaica Center. Parking areas and transit connections attached to these properties create liability exposure beyond the stores themselves.

Transit-adjacent areas, including subway exits and elevated platform approaches in Jamaica, Flushing, and Astoria. MTA stations themselves fall under government entity rules, but privately owned adjacent properties may have independent obligations.

Schools and university campuses, including areas adjacent to Queens College, St. John's University, and LaGuardia Community College. Parking areas, common spaces, and after-hours access points all carry security obligations.

Our analysis of NYC 311 premises-related complaint records shows Queens generated more than 55,000 premises complaints in 2024, more than any other borough. These complaints cover physical conditions rather than security incidents directly, but unresolved infrastructure complaints often reflect the same pattern of property management neglect that underlies security failures.

NYCHA, the MTA, and Government Properties: The 90-Day Rule

If you were attacked in a NYCHA building, subway station, public park, or any other government-owned property, the standard premises liability rules still apply. But the legal procedure is different, and missing a deadline can permanently bar your claim.

You must file a Notice of Claim within 90 days of the incident.

This comes from General Municipal Law § 50-e. A Notice of Claim is a formal prerequisite to suing any New York City government entity, including NYCHA and the MTA. If you miss the 90-day window, a court can permanently dismiss your lawsuit, even if the liability is clear.

The 90-day clock starts running the day of the attack. After filing the Notice of Claim, you have one year and 90 days from the date of the incident to actually file the lawsuit.

Queens has the largest NYCHA residential population of any borough. Attacks in NYCHA common areas, lobbies, stairwells, and grounds are not uncommon. NYCHA has faced liability under Scurry v. New York City Hous. Auth., 193 A.D.3d 1 (2d Dept. 2021), aff'd, 39 N.Y.3d 443 (2023), for the same kinds of security failures that a private landlord would face.

Steven Orlow, founder of The Orlow Firm, served as Counsel to the County Executive of Queens County and has deep familiarity with municipal claims and how government entities respond to litigation. Adam Orlow, former President of the Queens County Bar Association (2022-2023), practices regularly in Queens County Supreme Court. If you were attacked on government property, contact us immediately. The 90-day window does not wait.

What You Can Recover

A negligent security attack causes losses that go well beyond the immediate medical bills. Our firm pursues the full range of damages available under New York law.

Economic damages:

• Emergency care, surgery, hospitalization, and rehabilitation
• Future medical costs, including psychiatric and psychological treatment (PTSD care can last years)
• Lost wages while you recover
• Lost earning capacity if your injuries affect your ability to work long-term
• Property damage from theft during the attack

Non-economic damages:

• Pain and suffering, both physical and emotional
• PTSD, anxiety, depression, and related psychological trauma
• Loss of enjoyment of life
• Loss of companionship in serious cases

Wrongful death damages: When an attack results in death, surviving family members can seek compensation for medical expenses incurred before death, funeral costs, loss of financial support, and the loss of parental guidance and care.

New York uses a pure comparative negligence standard. Even if you are found partially at fault, you can still recover. If a court finds you were 30% responsible, your damages are reduced by 30%, but you are not barred from recovery. This differs from states that cut off recovery entirely when a plaintiff is more than 50% at fault.

What to Do After an Attack on Someone's Property

Acting quickly after a negligent security attack can make the difference between a strong case and a lost one. Contacting a Queens negligent security lawyer as soon as possible protects your right to evidence before it disappears.

1. Call 911 immediately. A police report creates a record of the incident, the location, and the conditions at the scene. It also starts building the paper trail needed to establish foreseeability.

2. Get medical care right away. Even if your injuries seem manageable, a same-day medical record documenting your condition is critical evidence. PTSD and psychological injuries may not appear for weeks, but an early evaluation still matters.

3. Photograph the scene. Before you leave or before conditions change, photograph everything: broken door locks, dark stairwells, absent cameras, any physical evidence of the attack.

4. Identify witnesses. Get names and contact information from anyone who saw what happened, including building staff or bystanders.

5. Stay off social media. Defendants and their insurance companies routinely monitor social accounts. Anything you post about the attack can be used against you.

6. Note if the property is government-owned. If your attack occurred in a NYCHA building, subway station, or public facility, the 90-day Notice of Claim deadline is running from today.

7. Contact an attorney as soon as possible. Security footage is often deleted within 24 to 72 hours. An attorney can send a preservation demand before the evidence disappears. The sooner we get involved, the more we can do to protect your case.

Call (646) 647-3398. Our Queens office is at 71-18 Main Street in Flushing, and we can come to you if you cannot come to us.

Our Results in Negligent Security Cases

$2,850,000 — A correctional counselor assaulted by an inmate at Rikers Island sustained multiple serious injuries requiring surgery. This case involved institutional security failures at a government-operated facility.

$900,000 — A woman was sexually assaulted by a building superintendent. The property owner's negligent hiring and failure to supervise staff gave rise to liability.

$425,000 — A minor was sexually assaulted by hotel staff. The hotel's failure to screen and supervise its employees resulted in recovery for the family.

$325,000 — A woman was raped while entering a NYCHA building. The failure to maintain secure building entry systems and address known security deficiencies supported the claim.

$250,000 — A New York City high school student was slashed in the face at school, leaving a permanent scar. Institutional security failures allowed the attack to occur.

Prior results do not guarantee a similar outcome.

Frequently Asked Questions About Negligent Security in Queens

What is negligent security in New York?

Negligent security is a premises liability claim against a property owner who failed to provide adequate security when criminal harm was foreseeable. Under New York common law, property owners must take reasonable steps to protect lawful visitors and tenants from foreseeable criminal acts by third parties. This duty applies to landlords, businesses, and government entities including NYCHA and the MTA.

Can I sue if the attacker was never caught?

Yes. A negligent security claim is a civil lawsuit against the property owner, entirely separate from any criminal case against the attacker. You do not need an arrest or conviction. The standard in a civil case is a preponderance of the evidence (more likely than not), not the beyond-reasonable-doubt standard used in criminal court.

Does the property need a history of prior crimes for my case to exist?

Not necessarily. Prior crimes at the property strengthen foreseeability, but other evidence works too. A high-crime neighborhood, NYPD precinct data, tenant complaints about security conditions, or the property's own prior security measures that were later discontinued can all show that the owner knew or should have known the risk existed.

Can I still recover if I was partly at fault?

Yes. New York uses a pure comparative negligence standard. You can recover even if you share some responsibility. If a court finds you were 30% at fault, your damages are reduced by 30%, but you are not barred from recovery. States that cut off recovery when a plaintiff is more than 50% at fault operate differently.

What is the deadline to file a negligent security lawsuit in New York?

For claims against private property owners, the statute of limitations is three years from the date of the attack. For claims against government entities (NYCHA, the MTA, NYC parks), you must file a Notice of Claim within 90 days and file your lawsuit within one year and 90 days. Missing the 90-day government deadline can permanently end your right to sue.

Can I sue both the attacker and the property owner?

Yes. New York law lets you pursue civil claims against all parties that contributed to your injury. You can file a personal injury lawsuit against the attacker and a negligent security claim against the property owner at the same time. The two claims proceed independently, and you can seek damages from each party based on their share of responsibility.

Sources & Official Resources

New York Laws Cited

1. General Municipal Law § 50-e — Notice of Claim (90-day requirement)
2. General Municipal Law § 50-i — Lawsuit deadline (1 year and 90 days)
3. CPLR § 214 — Statute of Limitations: Personal Injury (3 years)
4. CPLR § 1411 — Pure Comparative Negligence

Court Decisions Cited

5. Scurry v. New York City Housing Authority, 39 N.Y.3d 443 (2023) — Court of Appeals affirming Second Department on NYCHA minimal security duty

NYC Statistics Sources

6. NYPD Borough and Precinct Crime Statistics
7. NYPD CompStat 2.0

Data Methodology Borough and premises complaint breakdowns were calculated by The Orlow Firm's research team from publicly available NYC Open Data records. NYC 311 Service Request data (Dataset ID: erm2-nwe9) is published at the individual-complaint level. We aggregated these records to produce the Queens-specific complaint totals cited above, as NYC agencies do not publish pre-calculated borough-level summaries for all complaint types. Raw data is available at https://data.cityofnewyork.us/resource/erm2-nwe9.json.

Contact a Queens Negligent Security Lawyer Today

If you or a loved one was attacked on someone else's property in Queens, The Orlow Firm is ready to help. We have represented people injured by negligent property owners throughout Flushing, Astoria, Jamaica, Long Island City, and every neighborhood in Queens for more than 40 years.

Call (646) 647-3398 for a free consultation. We work on contingency. You pay nothing unless we recover compensation for you.

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