
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.
The bankruptcy legal landscape presents both challenges and opportunities for businesses navigating financial distress. Understanding current bankruptcy trends can help businesses make more informed and strategic decisions. Corporate Bankruptcy Filings Trending Upwards Bankruptcy filings continued to trend upwards in 2024. According to statistics released by the Administrative Office of the U.S. Courts, personal and business […]
Author: Brian D. Spector
In December, the U.S. Securities and Exchange Commission (SEC) announced charges against two privately held companies for failing to file a Form D notice, which is generally utilized for exempt securities offerings. Here, the SEC’s enforcement sends a strong message: compliance with regulatory requirements is not optional and failure to comply can have significant consequences. […]
Author: Kenneth C. Oh
On February 14, 2025, the Office of General Counsel (OGC) of the National Labor Relations Board (NLRB) under Acting General Counsel William B. Cowen issued Memorandum 25-05, “New Process for More Efficient, Effective, Accessible and Transparent Case handling.” The Memorandum rescinds nearly all of the Memoranda issued by his direct predecessor, Jennifer Abruzzo, setting the […]
Author: Matthew F. Mimnaugh
If you purchase real property from a foreign person or entity, you may be required to withhold taxes from your payment to the seller under the Foreign Investment in Real Property Tax Act (FIRPTA). The federal tax law is designed to ensure that foreign sellers pay any applicable capital gains tax on profits realized from […]
Author: Jesse M. Dimitro
Your home is likely your greatest asset, which is why it is so important to adequately protect it. Homeowners insurance protects you from the financial costs of unforeseen losses, such as theft, fire, and natural disasters, by helping you rebuild and replace possessions that were lost While the definition of “adequate” coverage depends upon a […]
Author: Jesse M. Dimitro
Making a non-contingent offer can dramatically increase your chances of securing a real estate transaction, particularly in competitive markets like New York City. However, buyers should understand that waiving contingencies, including those related to financing, or appraisals, also comes with significant risks. Determining your best strategy requires careful analysis of the property, the market, and […]
Author: Jesse M. Dimitro
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!