Negligent security lawsuits are brought by persons attacked or their families, victimized or killed on someone else’s property. In many cases, the owner or entity responsible for supervising the property, knew or should have known of the danger but did little or nothing to prevent unsuspecting patrons from being attacked on the property.
We resolve negligent security cases against property owners, business owners, train and bus stations, landlords, apartment complexes, bars and taverns, casinos and security companies.
We have skilled investigators and highly-trained security experts who act swiftly to conduct site inspections, review reports, inspect corporate security manuals, obtain key crime statistical data for the property and take statements of key witnesses before they disappear. Our clients include victims or their familes of wrongful death, rape and sexual assault, assault and battery, beatings, shootings, stabbings, robbery and theft.
What is a negligent security case?
A negligent security claim in New Jersey arises from a property owner’s failure to take reasonable steps to protect visitors and guests from the risk of violent crimes such as homicide, assault, rape or robbery. The reasonableness of the property owners’ actions is judged by what the owner knew or should have known regarding the likelihood that crimes would be committed against its patrons. In some cases, establishments are in high crime areas. In other cases, past crimes against patrons or visitors put the owner on notice.
What type of business establishments need to provide security?
• Hotels and motels
• Bars and nightclubs
• Malls and other large shopping centers
• Trains and bus stations
• Apartment complexes
• Parking lots and parking garages
• Office buildings
Who can be held responsible for failing to provide adequate security?
New Jersey property owners, including apartment owners, hotel and casino owners, bar and nightclub owners and retail business owners, have a duty to make their properties safe and secure. They have a responsibility to ensure that lawful visitors are reasonably safe from attacks. This is especially true when the property or business owner knows or should know that violent crimes are being committed on or near their properties. If a property owner fails to take action to protect their visitors and guests, and you suffer an injury due to the property owner’s failure to provide adequate security, you may have the right to bring a lawsuit for negligent security.
Security guards and other security companies hired by a property owner or business owner also have a responsibility to make sure that properties are safe and secure. There is usually a contract between the owner and security company that defines the obligations of the security company. In some situations, the person or company that leases or manages the property may be liable for the harm that a visitor suffers due to inadequate security.
Our lawyers will swiftly investigate all negligent security cases to determine what went wrong and who is responsible. We work with top experts in the security field and leave no stone unturned. You need the help of an experienced and talented negligent security lawyer to get your case off to the right start before key evidence is destroyed.
How do you prove a negligent security claim in New Jersey?
To establish your right to compensation in a negligent security case, you must prove certain elements. The basic elements are similar to other types of negligence cases. You must show:
Duty–The property owner owed a duty to you. The duty to provide adequate security will depend upon the facts of each case. The law requires property owners and businesses to act reasonably. Therefore, the greater the risk of harm, the greater the obligation may be for the business or property owner to have provided security. What is reasonable in one situation may be unreasonable in another. For example, is the establishment or property in a high crime area? Are there previous instances of crime against patrons? Has the property owner or business owner taken any steps to minimize the risk of injury to his patrons? In addition, there may be contractual agreements between a property owner and his tenant or a property owner and a security company that require certain specific security actions be undertaken, such as having adequate doors, which can be provided by commercial door services, or somewhere more local. This can also create a duty to act.
Breach–The owner breached the duty owed to you. You must also show that the owner failed to comply with the duty owed to you under New Jersey law or by contract. For instance, the owner of a train station may have failed to hire a security guard to patrol the premises or may have failed to install a lighting system. Did the property owners fail to replace burnt out security lights, broken windows, doors or locks?
Causation– The breach directly caused your injury. If you can prove that the property or business owner had a duty and breached that duty, you must show that you suffered harm as a result.
How can our New Jersey negligent security lawyers help you?
At Pagliara Law Group. we will work quickly and aggressively to gather, preserve, and analyze all evidence in your negligent security case. This includes:
• Conducting an immediate site inspection
• Photographing and videotaping the scene
• Retaining security experts
• Obtaining witness statements
• Preserving all video surveillance security footage before it is destroyed
• Gathering past criminal reports or incident reports
• Working with law enforcement
• Preserving evidence before it disappears
• Formulating crime risk assessments
What damages are allowed in a negligent security case?
The amount of damages you may recover depends on the facts of each case. The more serious a person’s injuries, the more significant the damages will be. In New Jersey, a person may be entitled to receive the following damages for their harm:
• Pain and suffering
• Emotional harm
• Past and future medical bills
• Past and future lost wages
• Disability and impairment
• Loss of enjoyment of life
• Future life care services, such as the cost for nursing care
• Wrongful death damages
• Loss of consortium
Our highly dedicated legal team will explore all available sources of compensation, including insurance policies and other assets, and we will pursue maximum compensation for you through a settlement. If a fair settlement cannot be reached that fully compensates you, our seasoned trial lawyers are ready to battle in court for you. Insurance companies know the difference between lawyers who regularly appear in court and take cases to trial and those who do not. We never back down and are relentless.
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