If you were harmed due to a property owner or manager’s negligent security, you may be wondering whether you can file a personal injury claim. Continue reading for more information and secure the help of an experienced Bergen County injury lawyer for legal assistance today.
What is Negligent Security?
Negligent security occurs when a property owner or manager fails to provide reasonable security measures to protect people lawfully on the premises from foreseeable criminal acts. This failure often leads to injury, assault, or other harm. Essentially, if a property owner knew (or should have known) that crime was likely to occur and they did nothing to prevent it, they may be legally responsible for the resulting injuries.
This falls under premises liability, which governs a property owner’s duty to maintain safe conditions and take reasonable steps to prevent harm. Examples of negligent security include:
- Failing to repair broken locks, gates, or fencing in an apartment complex
- Inadequate or nonexistent lighting in parking lots or stairwells, creating environments for crime
- Not employing security personnel in high-crime areas or venues where large crowds gather
- Broken or poorly maintained security cameras
- Failure to warn tenants or patrons about known criminal activity on or near the property
Can Negligent Security Act as the Basis of an NJ Injury Claim?
Yes, negligent security can serve as the basis for a personal injury claim in New Jersey. State premises liability law requires property owners and managers to take reasonable steps to ensure the safety of lawful visitors, including protecting them from foreseeable criminal acts committed by third parties. When a property owner breaches this duty and that failure results in a visitor being injured, the victim may sue for damages.
This type of lawsuit is possible in New Jersey when the criminal attack was reasonably foreseeable. The court will often look at the prior history of criminal activity on the premises or in the immediate area to determine if the owner should have been aware of the danger and taken preventative action. If so, the victim can seek compensation for medical expenses, lost wages, pain and suffering, and other damages related to the injuries sustained.
How Can I Prove the Property Owner Was Negligent?
To win a negligent security case in New Jersey, you must prove four important elements:
- Duty of care: The property owner owed you a legal duty of care (for example, if you were a lawful visitor)
- Breach of duty: The owner breached that duty by failing to provide reasonable security measures
- Causation: The owner’s negligence directly caused your injury, meaning that if proper security had been in place, the crime likely would not have occurred
- Damages: You suffered quantifiable harm, such as medical bills or lost wages
Success depends on demonstrating the foreseeability of the criminal act. Evidence like police reports showing prior incidents, maintenance records, and expert testimony on security standards is crucial for establishing these points.
For more information and legal representation, contact an experienced personal injury attorney today.
