A negligent security claim arises when a property owner fails to take reasonable steps to protect visitors or tenants from foreseeable criminal acts. In New Jersey, these claims fall under premises liability law and often involve incidents like assaults, robberies, or other violent crimes occurring on commercial or residential properties. Victims must prove that the property owner knew or should have known about security risks and failed to act. This article by our New Jersey personal injury attorney explains how negligent security claims work in New Jersey, what victims need to prove, and how property owners can reduce liability.
What Is a Negligent Security Claim?
A negligent security claim is a type of premises liability lawsuit that allows victims of crime to hold property owners accountable when inadequate or missing security measures contribute to their injuries. In New Jersey, these claims frequently arise after violent incidents in locations such as apartment complexes, parking garages, hotels, or shopping centers.
To establish a negligent security claim, the injured party must prove:
Foreseeability is a central issue. For instance, if a parking lot in Newark has a documented history of assaults, the property owner may be expected to install lighting, surveillance cameras, or hire security personnel. These claims are more prevalent in urban areas where crime rates are higher and the expectation for preventative measures is greater.
Common locations where negligent security incidents occur include:
What Legal Standards Apply to Negligent Security Claims in New Jersey?
New Jersey law requires property owners to take reasonable precautions to protect lawful visitors from foreseeable harm, including criminal acts by third parties. These obligations fall under the broader framework of premises liability.
How Do Courts Determine Foreseeability and Duty of Care?
Courts assess whether the property owner knew or should have known about the risk of criminal activity. Evidence used to establish foreseeability may include:
The duty of care is highest for invitees, such as customers, tenants, or guests, who are lawfully on the property. Trespassers generally receive limited legal protection unless the property owner acted with gross negligence or willful misconduct.
What Is Comparative Negligence and How Does It Affect a Claim?
New Jersey follows a modified comparative negligence rule. If the injured party is found partially responsible for their own harm, such as by ignoring posted warnings or engaging in risky behavior, their compensation may be reduced proportionally. If they are found to be more than 51% at fault, they are barred from recovering any damages.
How Do Insurance Companies and Experts Influence These Cases?
Insurance companies often defend negligent security claims aggressively. They may argue that the criminal act was not foreseeable or that the existing security measures were sufficient. Security experts are commonly retained to provide testimony on what a reasonably prudent property owner should have done under similar circumstances.
What Should You Do After a Negligent Security Incident?
If you’ve been injured due to inadequate security on someone else’s property in New Jersey, taking prompt and thorough action can significantly strengthen your claim.
Key steps include:
Preserve all relevant evidence, such as:
It’s also critical to contact a New Jersey personal injury attorney as soon as possible. These cases often require a detailed investigation, expert testimony, and a clear understanding of premises liability law. Be aware that New Jersey imposes a two-year statute of limitations on personal injury claims. Failing to act within that time frame may prevent you from filing a lawsuit.
When evaluating your claim, consider the full scope of potential damages:
A clear understanding of your losses helps you pursue the compensation you need to move forward.
How a New Jersey Negligent Security Lawyer Can Help
Negligent security claims involve complex legal and factual issues. If you were injured due to a property owner’s failure to provide adequate protection, The Cassidy Law Firm LLC can help you understand your rights and build a compelling case. Contact us today for a free consultation and take the first step toward holding the responsible party accountable.