Robert E. Levy
Partner
201-896-7163 rlevy@sh-law.comFirm Insights
NJ Lawsuit Highlights High Costs of Negligent Security Claims
Author: Robert E. Levy
Date: June 24, 2014
Key Contacts
Back
Allegations 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.
- Practices: Litigation, Commercial Litigation - Business Litigation Attorney
- Locations: Red Bank, NJ, New York City, Little Falls, NJ
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Related Posts
See all
The Role of Corporate Restructuring in Mergers & Acquisitions
Contrary to what many people think, corporate restructuring isn’t all doom and gloom. Revamping a company’s organizational structure, corporate hierarchy, or operations procedures can help keep your business competitive. This is particularly true during challenging times. Corporate restructuring plays a critical role in modern business strategy. It helps companies adapt quickly to market changes. Following […]
Author: Dan Brecher
Crypto Enforcement: A Former Prosecutor’s Warning to Criminals and the Public
Cryptocurrency intimidates most people. The reason is straightforward. People fear what they do not understand. When confusion sets in, the common reaction is either to ignore the subject entirely or to mistrust it. For years, that is exactly how most of the public and even many in law enforcement treated cryptocurrency. However, such apprehension changed […]
Author: Bryce S. Robins
Understanding Chattel Paper: A Key Component in Secured Transactions
Using chattel paper to obtain a security interest in personal property is a powerful tool. It can ensure lenders have a legal claim on collateral ranging from inventory to intellectual property. To reduce risk and protect your legal rights, businesses and lenders should understand the legal framework. This framework governs the creation, sale, and enforcement […]
Author: Dan Brecher
Crypto Compliance: A Comprehensive Guide
For years, digital assets operated in a legal gray area, a frontier where innovation outpaced the reach of regulators and law enforcement. In this early “Wild West” phase of finance, crypto startups thrived under minimal oversight. That era, however, is coming to an end. The importance of crypto compliance has become paramount as cryptocurrency has […]
Author: Bryce S. Robins
Supreme Court and Title VII: Implications for Reverse Discrimination
Earlier this month, the U.S. Supreme Court issued a decision in Ames v. Ohio Department of Youth Services vitiating the so-called “background circumstances” test required by half of federal circuit courts.1 The background circumstances test required majority group plaintiffs pleading discrimination under Title VII of the Civil Rights Act to meet a heightened pleading standard […]
Author: Matthew F. Mimnaugh
SPACs Are Back, What You Need to Know
Special purpose acquisition companies (better known as SPACs) appear to be making a comeback. SPAC offerings for 2025 have already nearly surpassed last year’s totals, with additional transactions in the pipeline. SPACs last experienced a boom between 2020–2021, with approximately 600 U.S. companies raising a record $163 billion in 2021. Notable companies that went public […]
Author: Dan Brecher
No Aspect of the advertisement has been approved by the Supreme Court. Results may vary depending on your particular facts and legal circumstances.
Sign up to get the latest from our attorneys!
Explore What Matters Most to You.
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.