
Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comFirm Insights
Author: Robert E. Levy
Date: June 24, 2014

Partner
201-896-7163 rlevy@sh-law.comAllegations of negligent security can be costly for New Jersey businesses, as evidenced by a recent $7.8 million settlement. An apartment owner, management company, and security provider will all pay millions of dollars for failing to prevent a stabbing death at an apartment complex in Jersey City.
While New Jersey businesses are typically not responsible for the wrongdoing of third parties, they do have an obligation to keep the premises safe for those who enter. This includes taking reasonable steps to secure common areas against foreseeable criminal activity that is likely to occur without precautionary measures.
In Estate of Reyes v. Westgate Management, the family of murder victim Jacqueline Reyes sued Paulus Hook Community Housing Corp.; management company Westgate Management of Lawrenceville; and security contractor DMS Security Systems. The plaintiff alleged that the defendants were negligent because security guards were no longer on duty when the attack occurred at approximately 8:30 a.m.
Meanwhile, the defendants maintained that the security measures were adequate, highlighting that security was provided from 4 p.m. to 8 a.m. They further argued that the crime likely could not have been prevented because the perpetrator targeted the victim as part of a drug dispute.
Under New Jersey’s premises liability laws, plaintiffs must generally prove that the property owner owed a duty of care; knew or should have known that there was a likelihood of criminal activity on the premises; failed to provide adequate security; and subsequently caused the plaintiff harm. Most negligent security claims turn on the foreseeability of the criminal act.
In this case, the parties reached settlement just short of trial. Westgate Management and Paulus Hook agreed to pay $6 million, while DMS Security Systems is responsible for $1.8 million.
To prevent similar liability, property owners are reminded to review their security policies and procedures regularly, particularly in the wake of known criminal activity. Insufficient lighting, broken security cameras, and faulty window locks could all lead to costly legal headaches.
If you have any questions about this case or would like to discuss New Jersey’s premises liability laws, please contact me, Robert Levy, or the Scarinci Hollenbeck attorney with whom you work.
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.

When a company enters Chapter 11 bankruptcy, many assume the process will culminate in a lengthy reorganization plan. However, distressed businesses are increasingly being sold through a different mechanism — a sale under Section 363 of the United States Bankruptcy Code. A Section 363 sale allows a company, as a debtor-in-possession in bankruptcy, to sell […]
Author: John D. Giampolo

Before buying property, it is critical to determine whether local zoning laws may affect your plans. If you plan to redevelop the property, you will want to confirm that local zoning regulations permit development as intended. If acquiring property that is already developed, you must verify that the use is permitted in the underlying zoning […]
Author: Wendy Rubinstein Quiroga

For parents of a child with a disability, estate planning raises concerns that go well beyond deciding who will inherit their assets. Parents may spend years making sure their child has the right care, services, and support. Eventually, they must also confront a difficult question: Who will take over when they can no longer do […]
Author: George McGowan

Before buying a New Jersey rental property, an investor should verify realistic operating numbers, the property’s legal and regulatory status, lead-based paint and flood compliance, the existing leases and tenant protections, and the right ownership structure. A rental property is more than a piece of real estate; it is an operating business subject to legal, […]
Author: Donald M. Pepe

In New Jersey, an irrevocable trust can sometimes be modified even though its name suggests otherwise, and one of the primary tools for doing so is a process called decanting. Whether decanting is available depends on the specific terms of the trust and the discretion given to the trustee. Key takeaways: New Jersey has no […]
Author: Marc J. Comer

Intellectual property valuation determines the monetary value of a business’s IP assets, and it drives outcomes in licensing deals, joint ventures, mergers and acquisitions, financing, and ownership disputes. The most valuable assets of a business are often the things that cannot be seen or touched: a proprietary process, a copyrighted work, brand recognition, or the […]
Author: Jay McDaniel
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Consider subscribing to our Firm Insights mailing list by clicking the button below so you can keep up to date with the firm`s latest articles covering various legal topics.
Stay informed and inspired with the latest updates, insights, and events from Scarinci Hollenbeck. Our resource library provides valuable content across a range of categories to keep you connected and ahead of the curve.
Let`s get in touch!
Sign up to get the latest from the Scarinci Hollenbeck, LLC attorneys!