What is Negligent Security in New Jersey?

Posted By Brandon J. Broderick, Attorney at Law

30 Aug. 2018

You’ve probably heard horror stories of liquor store robberies that take a turn for the worse, sexual assaults late in the night at donut shops, violent robberies in dark parking lots, and of course, shootings at concerts.

Often, crimes of violence lead to what are called negligent security claims, which are a breed of premises liability lawsuit. You see, property owners and possessors have a duty to keep their grounds safe for visitors, customers, and vendors alike. If someone is a victim of a violent crime while on a residential or commercial property, they may be able to file a lawsuit on the grounds of negligent security.

Filing a Claim After a Crime of Violence

“In what instances can a negligent security claim be filed?” one might ask. They can be filed when someone is attacked on someone else’s property. Such properties include but are not limited to:

  • Malls
  • Retail stores
  • Super stores
  • Restaurants
  • Hotels and motels
  • Theme parks
  • Liquor stores
  • Convenient stores
  • College dormitories
  • Bars and nightclubs

To recap, negligent security claims can be filed against a residential property owner or possessor, and it can be filed in the commercial setting. In the past, they’ve been filed against bars and nightclubs for violent assaults. They’ve been filed against superstores where attacks and shootings have occurred in dark, poorly-lit parking lots. They’ve also been filed against convenient stores in high-crime neighborhoods where the store failed to hire a security guard, but should have.

Why Not Sue the Perpetrator?

Typically, it’s much easier to collect damages from the property owner or possessor simply because they’re easy to locate and they have insurance for these types of claims. Collecting from the perpetrator, can be a much more difficult, if not impossible task, especially if he or she has not been caught or they have no income or assets.

Need to file a premises liability lawsuit based on negligent security in New Jersey? Contact our firm today to schedule a case evaluation.

Categories: Negligence
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