Assault Injury Lawyer Manhattan
A physical assault causes injuries that are both immediate and lasting, and the legal path to compensation depends heavily on who is being held responsible for the attack. Manhattan’s mix of nightlife venues, transit hubs, parking facilities, and residential buildings means that assaults sometimes occur on property where inadequate lighting, absent security, or unlocked entry points made the attack easier to carry out. New York law treats a claim against the person who committed the assault very differently, in terms of timing, from a claim against a property owner or business whose negligence contributed to the conditions that allowed the attack to happen. Law Offices Of SRIS, P.C. represents individuals in Manhattan who have been injured in an assault, whether the case involves pursuing the assailant directly, pursuing a property owner or premises operator for inadequate security, or both. Because the deadline to sue an assailant for an intentional act is considerably shorter than the deadline to sue a negligent property owner, understanding which claims are available, and how much time remains to bring them, is important early in the process. Mr. Sris and the firm’s Of Counsel attorneys review the circumstances of the assault, the location where it occurred, and any evidence of prior similar incidents at that location that might support a negligent security claim. Building these cases often involves police reports, surveillance footage, and records concerning the property’s security history. To discuss a Manhattan assault injury, call (888) 437-7747 to schedule a consultation.
What an Assault Injury Claim Means in Manhattan
An assault injury claim in Manhattan can proceed along two distinct legal paths, and the applicable deadline differs sharply between them. A claim against the person who committed the assault is treated as an intentional tort. Under N.Y. C.P.L.R. § 215(3), an action for assault or battery must be commenced within one year of the act. This one-year period is considerably shorter than the three-year period that applies to most other personal injury claims, and a claimant who waits too long risks losing the ability to pursue the assailant directly.
A separate claim may also be available against a property owner, landlord, or business whose negligence contributed to the conditions that allowed an assault to occur, commonly described as a negligent security claim. This type of claim is not treated as an intentional tort against the property owner; it is a negligence claim, since the property owner did not commit the assault but is alleged to have failed to take reasonable security measures, such as adequate lighting, functioning locks, or security personnel, in an area with a known risk of criminal activity. A negligent security claim against a property owner is subject to New York’s general personal injury statute of limitations. Under N.Y. C.P.L.R. § 214(5), such a claim must generally be commenced within three years of the injury, though tolling provisions or other exceptions may apply, and the applicable deadline should be confirmed with counsel.
Because these two claims run on different clocks, a Manhattan assault victim who wishes to preserve both options should not assume that the longer three-year period applies across the board; the one-year period for the assailant can expire well before the three-year period for a negligent security claim. Where a negligent security claim proceeds, New York’s comparative fault rule under N.Y. C.P.L.R. § 1411(a) applies, meaning that a claimant’s own conduct does not bar recovery outright but may proportionally reduce the damages recoverable based on the claimant’s share of responsibility.
How Mr. Sris and the Firm’s Of Counsel Attorneys Handle Assault Injury Cases
Given the sharply different deadlines that can apply to an assault injury case, Mr. Sris and the firm’s Of Counsel attorneys move quickly to identify which claims may be available and how much time remains to pursue each one. Where the assailant is known or identifiable, the firm evaluates a direct claim against that individual, mindful of the one-year period under N.Y. C.P.L.R. § 215(3). Where the assault occurred on property with inadequate security, the firm separately evaluates a negligent security claim against the property owner, landlord, or business responsible for the location, which proceeds under the longer period applicable to negligence claims.
Building a negligent security claim typically requires gathering evidence about the property itself, including its lighting, locks, cameras, and any security personnel present at the time, as well as records of prior criminal incidents at or near the location that might have put the owner on notice of a risk. Mr. Sris and the firm’s Of Counsel attorneys work to obtain police reports, incident reports maintained by the property, and any available surveillance footage before that evidence is lost or deleted.
The firm also documents the physical and psychological injuries an assault can cause, working with medical providers to connect treatment records to the incident. Where a negligent security claim proceeds, the firm anticipates comparative fault arguments a defendant may raise under N.Y. C.P.L.R. § 1411(a) regarding the claimant’s own conduct at the time of the incident. Throughout the process, Mr. Sris and the firm’s Of Counsel attorneys aim to pursue every available avenue of recovery within the applicable deadlines. The firm does not offer free consultations and evaluates each assault injury case individually.
About Mr. Sris
Mr. Sris is the Owner and Founder of the firm and a former prosecutor who founded the firm in 1997. That prosecutorial background, together with the years since spent representing injured clients, now informs the firm’s work on assault injury and negligent security claims. Mr. Sris is admitted to practice in Virginia, Maryland, the District of Columbia, New Jersey, and New York.
Mr. Sris also holds a background in accounting and information systems from George Mason University, which he has applied to complex financial and technology-related cases. In cases involving a negligent security claim against a business or property owner, that background can support review of financial records, security expenditures, and other documentation relevant to a property’s security practices.
Mr. Sris and the firm’s Of Counsel attorneys represent clients in Manhattan and throughout New York County who have been injured in an assault, whether the claim is against the individual responsible or against a property owner whose negligence contributed to the incident. The firm reviews the facts, applicable deadlines, and available evidence to evaluate each claim. The firm does not guarantee any particular outcome, and results depend on the specific facts and evidence in each case. To discuss a Manhattan assault injury, call (888) 437-7747 to schedule a consultation.
Frequently Asked Questions
How long do I have to sue the person who assaulted me in Manhattan?
A claim against the person who committed an assault is treated as an intentional tort under New York law. Under N.Y. C.P.L.R. § 215(3), an action for assault or battery must generally be commenced within one year of the act. This one-year period is considerably shorter than the three-year period that applies to most other personal injury claims, so anyone considering a claim against an assailant should act promptly. Tolling provisions or other exceptions may apply in certain circumstances, so the applicable deadline should be confirmed with an attorney as soon as possible after the incident.
Is the deadline different if I’m suing a property owner instead of the person who attacked me?
Yes, and the difference can be significant. A claim against a property owner, landlord, or business for negligent security, meaning a failure to take reasonable security measures that contributed to the conditions allowing an assault to occur, is a negligence claim rather than an intentional tort claim. Under N.Y. C.P.L.R. § 214(5), this type of claim is generally subject to a three-year period, rather than the one-year period that applies to a claim against the assailant directly. Because these deadlines run separately, a claimant can potentially lose the ability to sue the assailant while a negligent security claim against a property owner remains available, or vice versa, depending on when each deadline expires.
What is a negligent security claim?
A negligent security claim alleges that a property owner, landlord, or business failed to take reasonable security measures, such as adequate lighting, functioning locks, security personnel, or restricted access, in an area with a known risk of criminal activity, and that this failure contributed to an assault occurring on the property. This claim is directed at the property owner or operator rather than the person who committed the assault, since the property owner did not commit the attack but is alleged to have created or allowed conditions that made it more likely to happen. Evidence of prior similar incidents at or near the location is often important to this type of claim.
Will my compensation be reduced if I was partly at fault for what happened?
Where a negligent security claim proceeds against a property owner, New York’s general comparative fault rule applies. Under N.Y. C.P.L.R. § 1411(a), a claimant’s own culpable conduct does not bar recovery outright, but it proportionally reduces the damages recoverable based on the claimant’s share of responsibility. This means the specific facts of the incident, including the claimant’s own conduct at the time, can affect the amount of damages ultimately recoverable in a negligent security claim, though it would not necessarily prevent the claim from proceeding altogether.
Can I pursue both the assailant and the property owner?
In some cases, a claimant can pursue both a claim against the person who committed the assault and a separate negligent security claim against a property owner whose negligence contributed to the conditions allowing the assault to occur. Because these two claims are subject to different deadlines, one year for a claim against the assailant under N.Y. C.P.L.R. § 215(3) and generally three years for a negligence claim against a property owner under N.Y. C.P.L.R. § 214(5), evaluating both potential claims early, and understanding which deadlines apply to each, is important to preserving all available options.