East Windsor NJ Negligent Security Injury Attorneys
Personal Injury Lawyers with Offices in Mercer County, NJ
Crime can strike anywhere. However, in certain areas, crime is not only possible but also foreseeable. When a property owner fails to provide adequate security and neglects to protect visitors from assault, robbery, theft, and other crimes, the property owner can be held liable for damages. New Jersey is a leader in requiring commercial property owners to provide a safe environment for their clients, which gives you options when exploring a personal injury claim. That being said, there are statutes of limitations on filing a personal injury lawsuit in both NJ and PA. You only have two years from the date you sustained the injury to lodge a complaint, or you will lose your right to collect damages. You need immediate legal representation if you are the victim of injury or crime due to negligent security. Property owners who neglect the safety of their clients and the surrounding areas should be held responsible.
At Cohen & Riechelson, we handle a broad range of premises liability cases, including slip & fall accidents and negligent security claims. We are committed to helping our clients recover the compensation they need after sustaining injuries in preventable instances of violence and crime. Contact us online or at (609) 528-2596 to arrange a consultation with an experienced negligent security lawyer right away. Our firm has successfully represented countless injured victims across New Jersey and Pennsylvania for over 50 years. Our attorneys will fight to get you the compensation you deserve for your case.
Inadequate Security Lawsuits in New Jersey
Under premises liability law, a homeowner or business owner has a legal duty to protect visitors against harm, including protections against criminal actions occurring on the property. So why do so many property owners provide inadequate security? In many cases, it is a matter of dollars and cents. Hiring security staff and installing appropriate security devices is expensive and cuts into profits. However, when there is a foreseeable risk of criminal activity on the premises, the property owner is bound by law to do something about it.
Feeling safe and protected is important to everyone. Whether you are carrying your groceries out to your car at night or preparing to dance the night away in your favorite club, everyone has a right to be safe. Fortunately, according to the FBI, New Jersey has one of the lowest crime rates in the country, with a violent crime rate of 203 per 100,000 residents and property crimes at a rate of 865 per 100,000 residents. But when you are directly affected by negligent security, you can experience serious legal, financial, mental, and physical consequences due to negligent property owners. Medical costs, anxiety, PTSD, and lost wages if you are unable to work are also possible consequences experienced when you are the target of a crime in an area with poor security.
Different Types of Negligent Security
Negligent security occurs when a property owner fails to provide the safety of its visitors from the risk of crimes such as sexual assault, homicide, or robbery. The following explains some of the most frequent types of negligent security that can lead to injuries for victims and provide grounds for legal claims.
Failure to Hire Adequate Security Staff
There must be sufficient security guards to provide proper protection. You can have the best security team in the world, but they will not be efficient if they are understaffed.
Failure to Properly Train or Supervise Security Personnel
When a property owner has a security team, there is more to it than having staff walk the perimeter of a building (inside and outside). Security personnel must be properly trained and supervised. They should be able to solve problems on the fly, be in great physical condition, have weapons training if they are armed, and have excellent observation skills.
Negligent Security Staff
Criminal background checks should be conducted on security guards and regular staff. Negligent staff and make a property unsafe. If a guard does not complete their rounds and sits down during most of their shift playing on their phone or watching their favorite series, they have no idea if the area is safe.
Failure to Install and Maintain Alarms, Security Cameras and Other Devices
Security blind spots can lend themselves to drug use, sexual assault, and theft. Security alarms not in use, present, or damaged leave the property vulnerable. Having a sign that advertises a security system is a good idea, but the property will be unprotected if the alarm isn’t triggered when someone tries to open a door or a window.
Non-functional Closed Circuit Televisions
When security cameras and signs warn guests that they are being recorded, it is less appetizing for crooks. But if the closed-circuit cameras aren’t working, appear damaged, or visible cameras are malfunctioning, it means the property is at risk.
Failure to Provide Adequate Lighting to Discourage Criminal Activity
Potential criminals look for the easiest mark. They want to follow the path of least resistance and don’t want to get caught. Inadequate lighting around entrances and exits or in the parking lot can be dangerous for patrons waiting for a ride or walking to their car. A poorly lit parking lot provides an opportunity for an assault or robbery in a matter of seconds. Poorly lit clubs and bars can also be a danger to patrons.
Patrons Being Assaulted by Security Staff
When patrons are harassed or assaulted by security staff, it can incite violence and endanger other patrons. For example, if a bouncer at a bar has a short fuse and is constantly picking fights or throwing out patrons for no reason, it could incite more violence.
Failure to Provide or Maintain Secure Fencing or Working Locks
If a property appears difficult to enter, it has a higher chance of being passed up. Broken locks and faulty fencing invite criminals to break in. The more secure a property appears, the better its chances of being left alone.
Examples of Scenarios Leading to Negligent Security Claims
Inadequate Lighting & Security: The lights at the entrance to Jaylee’s apartment building had not been working for ages. She and other tenants had notified the landlord directly, expressing concern for the broken latch on the outside door as well. One night, when Kaylee returned home from work at around 11 PM, as she walked through the door to the lobby, she was dragged back outside and sexually assaulted. She sued the apartment complex because there were no security guards, the area was dark, and the door was unlocked.
Inattentive Security Personnel: James went out with some friends to celebrate a long-awaited promotion from the software company he worked for. He and the guys were shooting pool when they were approached by three men who wanted to play and were less than cordial with their request. The bar was known for its scuffles, but James had never experienced anything like this before. He and his friends were violently assaulted and received little help from any of the three security guards, who were out in the parking lot having a smoke break. James and his friends received life-threatening injuries and took their case to court, suing the bar owner for negligent security.
Lack of Security Presence & Malfunctioning Systems: Jade and Jerry were visiting a high-end jewelry store in Trenton when armed men overtook it. The only security guard on that day was ill and didn’t come in, and his shift was not covered by anyone else, so there was no security guard on duty. The alarm system had been shut off the week before because it had been triggered several times by false alarms. The robbers stole millions of dollars in valuables and demanded Jerry’s car keys, escaping without a trace in a matter of minutes. Later, the store owner was found liable due to negligent security.
Insufficient Security Checks: A tragic shooting occurred in the KitKat Club down on the Shore. It was known for having the best music and the biggest crowds, but not for its safety. The security team failed to check everyone for weapons on the night in question, even though metal detectors were available and everyone had a metal-detecting wand. A fight broke out, and shots were fired, injuring many people and killing 5. Victims sued the club owner for insufficient security.
Negligent Security in a Store Parking Lot: Joan and her daughter Jacey were making a late-night run to Walmart for snacks and sodas for the sleepover they were hosting. The parking lot had several lights out and no security personnel patrolling the area. Despite a recent rise in criminal activity in the parking lot, the property owner had not fixed anything. After making the necessary purchases, mom and daughter went to their car. While Joan put the items in the trunk, two men dressed in black with ski masks scooped up 10-year-old Jacey and put her in the car, taking off and leaving her mother in shock and panic. Fortunately, the police found the kidnappers and Jacey two days later. Jacey’s family is suing the store for negligent security.
Negligent Maintenance & Upkeep: Jeffry wanted to stop by the campus library after his 8 p.m. class. As he grabbed the handrail of the steps leading to the entrance, he lost his balance and fell backward, hitting his head several times as he rolled to the bottom of the stairs. The ice and snow from that morning’s storm had not been cleared away properly, and the handrail was so loose that it came apart when Jeffry fell. As he was being loaded into the ambulance, Jeffry heard several students commenting that it was only a matter of time before something happened. They had complained to maintenance workers with no success.
Because of the nature of criminal attacks, victims of negligent security can suffer physical injuries, emotional trauma and monetary loss. Owners of bars, parking lots, apartment buildings and other premises may claim they were not at fault. They may even call this a “frivolous lawsuit.” We know there is nothing frivolous about your injuries. Our attorneys will do everything in their power to help you obtain the compensation you need and deserve.
Proving Negligent Security in NJ: Essential Elements for a Successful Claim
There are four key elements to proving a negligent security claim. First, the property owner had a duty to provide reasonable security. Second, the property owner breached that duty by failing to take the proper security measures. Next, the breach of duty directly caused the victim’s injuries. Lastly, the victim suffered injuries due to the incident.
Negligent security cases are complex because they involve many factors. One must prove negligence and the foreseeability of danger. These cases require a deep knowledge of premises liability law, demonstrating negligence, and forming a link between the lack of security and the injured party.
Gathering Crucial Evidence For Negligent Security Claims
Civil liability lawsuits have a lower standard of proof than criminal cases. In criminal cases, the prosecution must prove their side “beyond a reasonable doubt.” Civil cases are proven with a “preponderance of the evidence” meaning it is more likely than not that something occurred in a certain way. However, an abundance of evidence is still required. Police reports, expert witnesses who discuss security standards, statistics regarding the amount of crime in the area, or even incidents on the property are excellent sources of evidence. Witness statements and video footage are also helpful, although some premises may not have their cameras and closed-circuit system in working order.
In the investigation phase, our attorneys at Cohen & Riechelson know what to look for. We will collect surveillance footage and security logs, interview witnesses, examine crime reports to create a pattern of negligence, and contact expert witnesses. In some cases, there is more than one person at fault. We will identify all possible defendants, such as security companies who provided sub-standard protection, property owners who failed to provide adequate security, and maintenance crews who didn’t address faulty equipment such as lights and security cameras.
Contact Our Mercer County NJ Personal Injury Attorneys for Assistance with Your Negligent Security Case
Property owners who shirk their legal responsibilities and cut costs on security need to be held accountable. If you or someone close to you has suffered an injury due to insufficient parking lot security or any other type of negligent security, we are here for you. Our knowledgeable negligent security lawyers at Cohen & Riechelson will negotiate with insurance companies on your behalf, using our legal expertise to provide you with fair settlement offers. We won’t let the insurance companies get away with a lowball offer. If our negotiations are not fruitful, we will gladly prepare and present your case in court. Our dedicated premises liability attorneys will build a strong case to ensure you receive full and fair compensation for your medical expenses, lost wages, emotional and physical pain and suffering, and, in cases of gross negligence, punitive damages.
We represent clients throughout New Jersey, including Lambertville, Lawrence, Robbinsville, Hamilton, Trenton, Ewing, East Windsor, and Princeton. The statute of limitations for negligent security cases is two years from the date of the incident. The sooner we can get to work for you, the faster we can build the evidence you need to win your case. Contact us today by calling (609) 528-2596 to learn more about how we can help you pursue legal action for your negligent security-induced injuries.
