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
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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.
- Locations: Red Bank, NJ, New York City, Washington, D.C., Little Falls, NJ
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