Hold Property Owners Accountable When Inadequate Security Leads to a Violent Attack
If you were attacked on someone else’s property in Monmouth County, the property owner may share legal responsibility for what happened. New Jersey law requires owners of stores, apartment complexes, parking lots, and similar properties to take reasonable steps to protect lawful visitors from foreseeable crime. When poor lighting, broken locks, or missing security allows a preventable attack, our Monmouth County premises liability lawyer and team at Noonan & McMahon, LLC can investigate the property, prove the owner’s negligence, and pursue the full compensation you deserve for your injuries.
Why Monmouth County Victims Trust Noonan & McMahon
At Noonan & McMahon, LLC, your case is handled directly by our founding partners. A few things set our Freehold litigation boutique apart:
- Partner attention on every case, backed by more than 40 years of combined legal experience
- A partner certified by the New Jersey Supreme Court as a Civil Trial Attorney, a distinction held by fewer than three percent of attorneys in the state
- Recognition from Super Lawyers, The National Trial Lawyers, and Best Lawyers in America, along with a record of millions recovered for injury clients
- No upfront fees, because we work on contingency and only receive attorneys’ fees when we recover for you
Clients turn to our firm because they want seasoned trial lawyers who are hands-on from day one. That level of preparation helps set the foundation for a stronger case.
When Does a Property Owner Owe You a Duty to Provide Security?
In New Jersey, businesses and property owners owe a duty of reasonable care to the people they invite onto their property. That duty can include taking reasonable measures to protect visitors from foreseeable criminal acts by other people. The central question is foreseeability. New Jersey courts answer it using a totality of the circumstances test that weighs factors including:
- Prior crimes on or near the property
- The location and layout of the property
- The type of business
- Whether crime in the area has been rising
An identical crime does not have to have happened before. This duty is well established in our state. New Jersey’s highest court recognized it in the case of Clohesy v. Food Circus Supermarkets, Inc. in 1997. The case arose from the abduction and murder of a shopper in a Red Bank supermarket parking lot, right here in Monmouth County.
What Counts as Adequate Security?
There is no single checklist for adequate security, because what is reasonable depends on the property and the risks it faces. A late night parking lot or apartment complex may require far more resources than a quiet daytime office.
Common security measures include, but may not be limited to:
- Working exterior lighting
- Functioning locks and gates
- Surveillance cameras
- Controlled access points
- Trained security personnel
Property owners are not insurers of your safety, and they are not expected to prevent every possible crime. They are expected to take the precautions a reasonable owner would take under the same circumstances. When an owner ignores an obvious risk and a foreseeable attack follows, that failure can support a negligent security claim. The same duty applies to other unsafe conditions we handle, such as Monmouth County slip and fall accidents.
Proving a Negligent Security Claim in New Jersey
A negligent security case is a type of negligence claim, so you must prove four things:
- First, that the property owner owed you a duty of care.
- Second, that the owner breached that duty by failing to provide reasonable security.
- Third, that the lack of security was a cause of your injury.
- Fourth, that you suffered real damages.
The causation element is often the most difficult. You generally need to show that reasonable security measures would likely have prevented or reduced the risk of the attack. Strong cases rely on the property’s crime history, police reports from the area, prior complaints to the owner, and testimony from security experts. We investigate quickly, before that evidence disappears, and we build the record needed to hold a negligent owner responsible.
Recovering Damages Beyond Criminal Restitution
A criminal case against your attacker is separate from a civil negligent security claim. Even if your attacker is arrested and ordered to pay restitution, that amount is often small and may never be collected. A civil claim against a negligent property owner is different. It lets you pursue the full range of your losses, including current and future medical bills, lost income and reduced earning capacity, pain and suffering, and emotional trauma. If a loved one was killed, your family may bring a wrongful death claim.
New Jersey law does limit your time to act. In most cases you have only two years from the date of the attack to file a personal injury lawsuit. If a government entity owned the property, a much shorter deadline applies. Under the New Jersey Tort Claims Act you generally must file a notice of claim within 90 days of the incident.
Sharing some of the blame does not automatically end your case. Under New Jersey law your compensation is reduced by your percentage of fault, and you are barred from recovery only if you are found more than 50 percent at fault.
Talk to a Monmouth County Negligent Security Lawyer Today
You did not cause this attack, and you should not have to carry its costs alone. The sooner we begin, the more evidence we can preserve and the stronger your claim will be. Contact Noonan & McMahon, LLC today for a free consultation, available 24/7. There are no upfront fees, and we only get paid when we recover for you.
Frequently Asked Questions
Can I sue a property owner if the person who attacked me was never caught?
Yes. A negligent security claim is brought against the property owner, not the attacker. Your claim focuses on whether the owner failed to provide reasonable security against a foreseeable crime. You can pursue it whether or not the attacker is ever identified or convicted, though a conviction can help support your case.
What types of properties can be held liable for negligent security?
Almost any property open to visitors can be subject to a claim, including apartment complexes, shopping centers, parking lots and garages, hotels, bars and nightclubs, and retail stores. The key issue is whether the owner knew or should have known about a foreseeable risk of crime and failed to act reasonably.
How long do I have to file a negligent security claim in New Jersey?
In most cases you have two years from the date of the attack to file a personal injury lawsuit in New Jersey. Some claims, such as those against a government property owner, have shorter deadlines. If a government entity owned the property, a much shorter deadline applies. Under the New Jersey Tort Claims Act you generally must file a notice of claim within 90 days of the incident. Because evidence such as security video can disappear quickly, it is best to act soon.