If you were harmed due to a property owner’s negligent security, understanding your legal rights and options is crucial. Read on and contact a knowledgeable Middlesex County premises liability attorney today for more information.
What is Negligent Security?
Negligent security is a specific type of premises liability claim. Premises liability is a legal concept holding property owners or those in control of the property responsible for certain injuries that occur on their premises due to a dangerous condition. Essentially, it requires owners to maintain a safe environment for visitors.
Negligent security applies when a property owner or occupier fails to implement reasonable security measures to protect patrons, tenants, or visitors from foreseeable criminal acts committed by third parties. This breach of duty makes the property owner liable for resulting injuries.
Examples of this negligence include inadequate lighting, broken locks, failure to hire security guards in high-crime areas, or poorly maintained fencing that allows unauthorized access. To succeed in a claim, the criminal act must have been reasonably foreseeable, and the lack of proper security must have been a direct cause of the injury.
Can I Sue for Negligent Security in NJ?
Yes, you can sue for negligent security in New Jersey, given that you can establish the four elements of negligence under premises liability law. To successfully sue, you must prove the following:
- Duty of care: The property owner owed a duty of care to you. This duty varies depending on your status on the property (invitee, licensee, or trespasser). Generally, commercial property owners owe the highest duty of care to customers and tenants.
- Breach of duty: The property owner breached that duty by failing to provide reasonable security measures. This is often established by showing that the owner knew or should have known about a foreseeable risk of crime (for example, prior similar incidents or location in a high-crime area) but failed to act.
- Causation: The owner’s lack of adequate security was a direct cause of the criminal attack and resulting injuries. For example, if a broken door lock directly allowed the perpetrator to gain entry.
- Damages: You suffered actual physical or emotional harm and resulting financial losses.
A New Jersey attorney specializing in premises liability can help investigate the property’s history, security protocols, and crime statistics to build a compelling case demonstrating that the criminal act was foreseeable and preventable.
What Damages Can I Recover in a Negligent Security Claim?
You can recover various damages in a negligent security claim, including economic losses like medical expenses, lost wages, and property damage. Non-economic damages, such as pain and suffering, emotional distress, and loss of enjoyment of life, may also be available. In rare cases of egregious conduct, punitive damages may be awarded.
Reach out to a skilled attorney for more information and legal advice today.
