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Negligent Security

neon night club signPersonal injury attorneys representing assault victims throughout northern New Jersey, including Hackensack, Paramus, Bergen County and beyond.

Property owners have a responsibility to maintain their premises or they risk being sued for negligent security. When New Jersey residents are patrons or rightful visitors on someone else’s property, they have a legal right to safety. NJ premises liability lawyers at Eisbrouch Marsh understand this complex litigation and specialize in holding property owners to task.

Whether you are at the mall, a night club, a hotel, or a supermarket, you should be protected from senseless, preventable accidents and misfortune.

When you work with a New Jersey personal injury lawyer from Eisbrouch Marsh, you don’t pay a cent unless your case results in a settlement or jury award. With over 50 years of experience in premises liability, we are prepared to go to trial for you in an effort to secure maximum compensation for your injuries.

We understand the life-changing nature of unexpected accidents incurred due to someone else’s negligence. We’ll lend a sympathetic ear and keep you informed on the progress of your lawsuit every step of the way. Call 1-800-RESULTS to get started with a free consultation.

What constitutes as negligent security?

The Federation of Defense & Corporate Council defines “negligent security” as a failure of a landowner’s duty to protect against reasonably foreseeable criminal conduct, resulting in an injury. Statutes vary by state, but many states require convenience property owners to have certain amenities on their premises.

A charge of negligent security can be made for establishments that have:

  • Lack of security cameras and/or guards
  • Malfunctioning or poor surveillance
  • Unsecure entry to the building
  • Lack of fencing to keep out trespassers
  • Poorly trained security personnel
  • Broken door locks or windows
  • Poorly lit parking lots

In some cases, property owners have an obligation to warn guests of recent crime sprees in the neighborhood or on the premises, or at least take proactive steps to protect its visitors against crime. For instance, if parking lot robberies occur frequently in a motel parking lot, then the owner must install better lighting or security cameras, hire additional security guards, or warn guests of possible danger.

Who can be sued for negligent security in New Jersey?

Some examples of property owners that may be held liable for negligent security in NJ include:

  • Apartment complexes
  • Banks and credit unions
  • Bars and nightclubs
  • Churches and places of worship
  • Gas stations and quickie-marts
  • Halfway houses and homeless shelters
  • Hospitals and health clinics
  • Hotels and motels
  • Malls and shopping centers
  • Restaurants and eateries
  • Sports stadiums and arenas
  • Supermarkets

Negligent security injuries

Injuries in negligent security lawsuit filings run the gamut from broken bones, organ damage and scarring lacerations from stab wounds, to quadriplegia, traumatic brain injuries, and wrongful death.

Emotional pain and suffering is often included in these lawsuits because the property owner’s failure to provide adequate security resulted in the plaintiff enduring unnecessary stress and terror during the assault.

Proving liability in NJ negligent security lawsuits

Under New Jersey’s premises liability laws, premises liability lawyers must prove that:

  • The property owner owed a duty of care to the plaintiff
  • The property owner knew or should have known of the likelihood of criminal activity on the premises
  • The property owner failed to provide adequate security

New Jersey premises liability cases

This is just a sampling of the many cases New Jersey premises liability attorneys have won:

  • Linda Nash vs. Port Authority of New York and New Jersey: A 65-year-old woman sued over the injuries she sustained when she was trapped in the basement of the World Trade Center after the 1993 bombing. She claimed that her brain damage and emotional problems occurred because trade center officials ignored their own security reports and were not adequately prepared for a terrorist attack. The Supreme Court of New York ruled in favor of the plaintiff and awarded a $5.46 million verdict.
  • Kondratyuk v. Holiday Inn (Middlesex County): New Jersey Superior Court determined that a man’s death in 2010 was due to the negligent restraint of hotel employees. An unruly drunk broke several light fixtures at the hotel before being chased by hotel employees. Six people tackled him and restrained him for 20 minutes before the police arrived. Discovery revealed that the compression of his face and body caused asphyxiation that ultimately killed him. The father was awarded $1,375,000 in mediation talks.
  • Nebel v. Avichal Enterprises, Inc.: The Federal District Court in New Jersey determined that inadequate hotel security caused a man’s death. Mr. Nebel checked out of the inn and was loading up his car with his and his wife’s belongings when he noticed two suspicious-looking males moving toward him in the parking lot. He hurried back to his Atlantic City hotel room and shut the door, which should have locked – but the men were able to easily push the door open and fatally shot Mr. Nebel in the thigh. The jury determined that the inn was negligent in failing to warn the Nebels of recent daytime robberies in the area, by failing to provide security patrol on the premises during the day, by failing to provide a room door that locked properly, by failing to provide a perimeter fence, and by failing to provide functional closed circuit surveillance cameras.
  • Fuentes vs. Trump Marina Hotel & Casino: A 66-year-old patron was robbed and beaten on the casino’s outer walkway. The plaintiff’s premises liability lawyer revealed that the security surveillance system was virtually nonexistent, even though there had been three prior robberies within a quarter mile.
  • Estate of Reyes v. Westgate Management: The family of murder victim Jacqueline Reyes received $7.8 million in a settlement against the management company and security contractor of a housing development where the victim lived. The plaintiff alleged that the defendants were guilty of negligent security because the security guards were off duty when a perpetrator fatally attacked the victim at 8:30 a.m.

Call Eisbrouch Marsh for your NJ premises liability lawsuit

David Eisbrouch and Eileen Marsh are New Jersey personal injury lawyers who have been fighting against negligent property owners for more than 25 years. In addition to assisting clients in Bergen, Passaic, Hudson, Morris, Middlesex, and Essex counties, we also represent residents of all five boroughs of New York City, in addition to Long Island, Westchester and Rockland.

Victims of negligent security may call 201-342-5545 for a free case assessment. A prearranged legal fee is accepted on a contingency basis, only when the case results in a settlement or jury award, so there is nothing to lose!