Can a Business Be Liable for a Violent Assault on Its Property?

Executive Summary: A New York business is not automatically responsible when someone commits a violent assault on its property. However, a business may face liability when criminal activity was reasonably foreseeable, reasonable security precautions were not taken, and that failure contributed to the injury. Prior violent incidents, security records, surveillance video, witness accounts, and police reports can all be important when evaluating a negligent security claim.

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Being assaulted at a store, restaurant, bar, hotel, or other business can leave you with serious injuries. The person who attacked you may face criminal charges, but that does not always answer another important question: Could the business have done something to prevent it?

In some cases, the answer is yes.

New York law does not require businesses to guarantee that no crime will ever occur on their property. A business also is not automatically responsible simply because an assault happened there. But property owners and businesses may have a duty to take reasonable security measures when criminal activity is foreseeable.

When a business knows about a serious safety risk and fails to respond, an injured person may have grounds for a negligent security claim.

When Does a Business Have a Duty to Protect Customers?

New York courts have held that a property owner or business in control of a property must take reasonable security measures to protect people lawfully on the premises from reasonably foreseeable criminal acts by other people.

Foreseeability is a key part of these cases. Courts may look at prior criminal activity on or near the property to decide whether another violent incident could reasonably have been predicted. The earlier incidents do not always have to be identical to the assault that caused the injury.

For example, repeated fights, threats, assaults, or other violent incidents at a business could put the owner on notice that additional security steps are needed.

The type of business can also affect what precautions are reasonable. Security needs at a late-night bar may be different from those at a small retail store.

What Can Count as Inadequate Security?

There is no single security system that every New York business must use. The precautions required depend on the circumstances. Possible security failures may include:

• Broken or unlocked entrances
• Poor lighting in parking areas or stairwells
• Failure to respond to repeated violent incidents
• Inadequate security staff when a known risk exists
• Failure to remove customers who are making credible threats
• Ignoring dangerous behavior that employees can see

A business does not necessarily have to prevent every sudden fight. New York courts have rejected claims involving unexpected attacks when the business had no reasonable warning that violence was about to occur.

The issue becomes stronger when employees knew or reasonably should have known that a dangerous situation was developing and had an opportunity to take reasonable action.

Prior Incidents Can Be Important Evidence

One violent assault may appear completely unexpected. A history of similar problems can tell a different story.

Prior police calls, incident reports, complaints, and earlier assaults may help show that the business knew about a security problem.

In Bryan v. Crobar, a New York appellate court explained that a property owner has a duty to maintain reasonable security against foreseeable criminal acts. The court also considered evidence of earlier violent crimes at the nightclub when deciding whether the later assault was foreseeable.

That doesn’t mean every business with a past incident becomes responsible for future crimes. Courts look at the type, location, frequency, and timing of earlier criminal activity.

You Still Have to Connect the Security Failure to the Assault

Proving that security was poor is only part of a negligent security case. The injured person must also show that the failure was a cause of the injury.

Suppose an apartment building has a broken entrance lock and an intruder enters through that door before attacking someone. Evidence connecting the defective entrance to the attacker’s access could be critical.

New York’s Court of Appeals has addressed this issue in cases such as Burgos v. Aqueduct Realty Corp. and Scurry v. New York City Housing Authority. Courts apply normal negligence principles when deciding whether inadequate security was a substantial cause of an assault.

This is why early investigation can be so important. Surveillance footage may be erased. Witnesses may become difficult to locate. Security logs, employee reports, police records, and access-control records may help establish what the business knew and what happened before the attack.

What Compensation May Be Available?

If negligent security contributed to an assault, an injured person may be able to seek compensation for losses such as:

• Medical expenses
• Lost income
• Reduced ability to work
• Physical pain and suffering
• Emotional harm caused by the injuries

The amount and types of damages available depend on the facts of the case and the harm suffered.

The attacker’s criminal responsibility and the business’s possible civil liability are separate issues. A criminal case against the attacker does not prevent an injured person from examining whether negligent security also contributed to the assault.

Contact Silberstein & Miklos After a Violent Assault

A violent assault can leave behind questions that a police report alone will not answer. If a business knew people were at risk and failed to take reasonable precautions, that conduct deserves a close look.

At Silberstein & Miklos, we are willing to dig into difficult cases and pursue them when others may not. Our attorneys have appeared before the Appellate Division and the New York Court of Appeals more than 100 times. We know serious cases can require persistence, detailed investigation, and a willingness to keep pushing.

If you were injured in an assault at a New York City business, contact Silberstein & Miklos. Tell us what happened. We can examine the evidence and determine whether another party may share legal responsibility for your injuries.

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