Not every serious injury on someone else’s property is an accident.
When a property owner fails to provide reasonable security and someone is assaulted, robbed, or violently attacked, the property owner may be legally responsible.
At Morris Downing Sherred, we represent individuals injured due to negligent security throughout New Jersey. These cases often involve apartment complexes, hotels, parking garages, bars, retail establishments, and event venues.
If a property owner knew — or should have known — that criminal activity was likely and failed to take reasonable precautions, you may have a premises liability claim.
What Is Negligent Security?
Negligent security is a type of premises liability claim.
Property owners have a duty to take reasonable steps to protect visitors from foreseeable harm. That includes foreseeable criminal activity.
Examples of negligent security include:
- Broken or missing locks
- Poor lighting in parking lots or stairwells
- Lack of surveillance cameras
- Non-functioning security systems
- Failure to hire or train security personnel
- Ignoring prior criminal incidents on the property
- Allowing unauthorized access to secured buildings
The issue is not whether the criminal is responsible. The criminal is responsible. The question is whether the property owner failed to take reasonable precautions in light of known risks.
Common Locations for Negligent Security Claims
We handle negligent security cases involving:
- Apartment complexes
- Hotels and motels
- Parking garages and parking lots
- Nightclubs and bars
- Shopping centers
- Office buildings
- Event venues
- College campuses
Many of these cases involve prior criminal activity in the same location. Property owners who ignore warning signs may face civil liability.
Common Injuries in Assault and Negligent Security Cases
Negligent security cases often involve severe and traumatic injuries, including:
- Traumatic brain injuries
- Spinal injuries
- Broken bones
- Stabbing injuries
- Gunshot wounds
- Psychological trauma
- Permanent disability
- Wrongful death
These cases often require coordination between medical providers, trauma specialists, and mental health professionals.
What Must Be Proven in a Negligent Security Case?
To pursue a negligent security claim in New Jersey, you must generally show:
- The property owner owed a duty of care
- The owner failed to provide reasonable security
- The criminal act was reasonably foreseeable
- The failure contributed to your injuries
Foreseeability is often the key issue.
Evidence may include:
- Prior police reports
- Crime statistics for the property
- Maintenance records
- Security logs
- Surveillance footage
- Witness testimony
Early investigation is critical.
How These Cases Differ From Typical Slip and Fall Claims
Slip and fall cases usually involve hazardous physical conditions.
Negligent security cases involve violent third-party conduct.
They often require:
- Independent security experts
- Review of crime data
- Analysis of industry security standards
- Litigation against commercial property owners
These are complex cases that demand thorough preparation.
Can You Sue If the Criminal Was Never Caught?
Yes.
The negligent security claim is against the property owner, not just the individual attacker. Even if the criminal is never identified or convicted, you may still pursue a civil claim against the property owner if negligence can be established.
How Much Is a Negligent Security Case Worth?
Value depends on:
- Severity of physical injuries
- Long-term medical care needs
- Lost wages and future earning capacity
- Pain and suffering
- Emotional distress
- Available insurance coverage
Commercial property owners often carry substantial liability insurance policies.
Each case must be evaluated individually based on facts and available coverage.
Frequently Asked Questions
What if I was partially at fault?
New Jersey follows comparative negligence rules. Each case requires careful analysis of the facts.
What if the assault happened in a high-crime area?
High-crime areas may strengthen foreseeability arguments, but each property’s history and security measures must be evaluated.
Is a bar or nightclub responsible for fights?
Bars and clubs may be liable if they failed to provide reasonable security, overserved patrons, or ignored escalating situations.
How Long Do I Have to File a Negligent Security Lawsuit in New Jersey?
Strict time limits apply. Evidence such as surveillance footage may be overwritten quickly, so early legal consultation is important.
Speak With a New Jersey Negligent Security Lawyer
If you were assaulted or seriously injured due to inadequate security on someone else’s property, you may have a civil claim.
These cases require immediate investigation and experienced representation.
Contact Morris Downing Sherred to schedule a consultation. We will review the circumstances of the incident, evaluate potential liability, and explain your legal options clearly.
Call today or contact us online to speak with a negligent security attorney.
