Negligent security is a branch of premises liability which refers to the failure to provide a safe environment for patrons or visitors.
Hotels, motels, bars, clubs, parking garages, offices, stadiums, malls government buildings such as galleries and museums are examples of locations where negligent security is likely to occur. Burned out lights in a building´s perimeter or a parking lot, blind spots not captured by security cameras, and faulty door locks can all lead to a criminal taking advantage of the security lapse and causing you injury and loss of property.
WHAT MUST BE PROVEN IN ORDER FOR A NEW JERSEY NEGLIGENT SECURITY CLAIM TO BE SUCCESSFUL?
- Was there a reasonable knowledge of the danger by the property owner? A history of police visits can be taken into account. A bar rife with a crime in the past must take measures to ensure the safety of its patrons to prevent them from becoming future victims of a repeating pattern of violent crime. A mall parking lot with several dark areas due to burned out lights could rapidly become a preferred spot for thieves looking to line their pockets and steal your hard-earned money or worse.
- Was there adequate security? This is determined on a case by case basis. The number of well-trained security staff, sufficient security cameras, and surveillance equipment, as well as trained staff to monitor camera activity. In large, outdoor spaces such as mall parking lots or grocery stores, proper lighting and scheduled rounds by security guards to deter violent crime are also the responsibility of property owners.
- Was there action taken or not taken which directly led to your personal injury?
Repetitive visits by police due to violent crimes, poorly trained security staff, poorly trained or insufficient staff, or employees of any kind who are deficient in their responsibilities can all lead to a negligent security situation.
What are the drawbacks to filing a negligent security case?
These cases are sometimes complicated to prove as the evidence can frequently rely heavily on limited testimony. If you have been injured as a result of negligent security, it is of the utmost urgency that you seek professional medical attention as soon as possible. This is not only to have vital documentation of your injuries but also to assure your physical well being directly following the incident. Follow up visits or physical therapy should also be documented as well.
What is the key to proving negligent security?
Finding a property owner negligent means demonstrating that there were foreseeable circumstances of an existing dangerous situation and the problem was never addressed. It is also invaluable to show that the victim was on the property legally and was not participating in any illicit activities. Frequently property owners place all of the blame directly on the attacker, contending that the only liable person was the one who committed the crime. While the assailant is most assuredly primarily responsible, owners are required to provide a safe environment for their guests to protect them from unsafe conditions or violent actions by a 3rd party.
Foreseeable circumstances include the type of business and its security needs. For example, a jewelry store or check cashing office would require better security inside and around its facilities. Also, if a business is close to an ATM where robberies could take place would require extra vigilance. A supermarket that has experienced an increase in violent crime in its dark parking lot could be found negligent.
How can our New Jersey negligent security lawyers help you?
We will work aggressively to collect, preserve, and analyze all evidence in your case. This includes:
-An immediate site inspection.
-Preservation of evidence.
-Photographing and video recording the scene.
-Gathering past criminal reports linked to the property.
-Working with law enforcement.
-Obtaining witness statements.
What kind of damages are allowed in a negligent security case?
– Emotional harm
– Medical bills
– Future care services
– Physical therapy
– Lost wages
– Wrongful death damages
Contact a Mercer County Personal Injury Attorney Today
At The Law Office of Kamensky, Cohen & Riechelson we have extensive experience recovering full and fair personal injury compensation for clients and their families in towns across Trenton, Princeton, Lawrence, Hamilton, New Brunswick, and all of Central New Jersey and the surrounding communities.
Our team of attorneys strongly believes in working closely with not only his clients but their families as well. This is because he understands just how stressful an incident like negligent security and the resulting damage can be, and how it can affect the financial security of the family as a whole.
To speak with our legal team today in a free and confidential consultation regarding your injuries resulting from poor or negligent security measures, or any other kind of accident caused by the reckless or negligent actions of a third party, your options for making a personal injury recovery, and how exactly we can help you and your family, please contact us online, or through our Trenton, NJ office at 609.528.2596.