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New Jersey property owners have a legal duty to make sure their property is safe for customers, guests and other invited visitors. This legal duty is called “premises liability” in legal circles. An often-overlooked element of this duty is the requirement that the property owner take reasonable steps to provide security where needed to keep you safe.
For more than 60 years, the highly experienced injury lawyers at Team Law have been focused on one common goal: fighting to help New Jersey accident victims get the compensation they deserve for injuries caused by someone else’s negligence. Our premises liability lawyers are passionate about protecting the rights of clients injured because of a property owner’s negligent security provisions. We fight to get full compensation for your medical bills, lost wages, pain and suffering and more.
Involved In A Negligent Security Case And Have Questions? We Can Help, Tell Us What Happened.
Certain neighborhoods in New Jersey are more dangerous than others—and nobody is better equipped than a property owner to understand the dangers posed by conditions in their own neighborhood. If you were injured because of a criminal act that took place on someone else’s property, that property owner may owe you financial compensation.
To learn more about New Jersey premises liability law and our firm in general, schedule a free case review to tell us how you were injured.
Determining what qualifies as “negligent security” is a fact-intensive issue. The level of security that a property owner must provide to satisfy New Jersey legal standards can vary from neighborhood to neighborhood. Conditions in the neighborhood in question—and whether crimes are common in the area—are necessary facts that must be discovered to determine whether the security provided was adequate.
Negligent security is a concept that generally becomes relevant in a commercial environment. Negligent security claims can arise based upon crimes that cause injury in:
$318 Thousand Verdict + Lifetime Medical Benefits
The injured 44 year-old worker was employed as a pipe maintenance employee in a factory when a clamp burst and he was sprayed with scalding water, resulting in second and third degree burns over 75% of his body, in addition to post-accident emotional injuries related to both flashbacks of the accident and residual scarring from the burns. Team Law litigation attorneys were able to couple the injuries sustained in the burn accident with previous injuries sustained by the injured worker to involve the New Jersey Second Injury Fund, and the burn victim was found totally and permanently disabled with an award of $319,000 for the first 8 years of disability, plus the opportunity to collect ongoing cash benefits in the future should his inability to return to work continue. The injured employee was also entitled to lifetime medical benefits for the injuries sustained in the accident as part of the agreement resolving the case.
The history of criminal activity in the area where the establishment is located is a key indicator of the types of security that will be considered “adequate” under the circumstances. Examples of what might constitute negligent security include:
The key question to ask in any case involving negligent security is whether the crime was foreseeable, and so could have been prevented by implementing reasonable security measures.
To recover compensation from based on New Jersey premises liability law, our lawyers at Team Law will investigate to establish whether the property owner was negligent. If a reasonable person would have taken additional measures to provide adequate security, the property owner may owe compensation to anyone harmed as a result of their negligent security.
To prove negligence, the following elements are relevant:
As the plaintiff in a negligent security case, it is your lawyer’s responsibility to prove these elements based on a “preponderance of the evidence” standard. This means showing that it is more likely than not that your injury would have been prevented if the property owner had taken reasonable security precautions.
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If the property owner failed in this duty, you may be entitled to compensation for:
If you were injured because of a criminal act that took place on or around some type of commercial establishment, speak with an experienced New Jersey premises liability lawyer as soon as possible. Landlords and property owners tend to take corrective steps soon after someone was injured in a criminal act on their property.
At Team Law, our experienced New Jersey premises liability lawyers will investigate immediately to get the evidence needed to support your claim. To schedule your free case review and discuss legal options in your case, call our office or contact us online today.
The assailant can be held responsible in addition to the property owner. The property owner has a duty to take reasonable steps to keep you safe and minimize the potential for criminal actions that could harm you. For example, if the store was located in an area where criminal activity is common or criminal acts have taken place in the past, the store owner could reasonably expect that another criminal act could happen in the future—and take action to prevent harm to customers.
No. The crime rate in the general area will be taken into account in determining whether the property owner should have reasonably taken security precautions to prevent criminal activity. The past crimes need not have taken place exactly at the store. It is enough that the crime rate in the area was high to put the store owner on notice of the dangerous condition. In other words, there is no “one free crime” rule in New Jersey.
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Premises Liability Information Center