
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.

Few situations create more uncertainty than learning that an employee has filed a whistleblower complaint. Questions arise immediately: Is the allegation legitimate? Should the employee be placed on leave? Do we need to notify our insurance carrier? Are we now prevented from disciplining the employee if there are unrelated ongoing work related issues? There is […]
Author: Sean M. Pena

When a business reaches the point where it can no longer service its debts or otherwise resolve its liabilities, management is often faced with a difficult question: is a bankruptcy filing necessary or is there another way to perform an orderly liquidation or sale of the business assets? While Chapters 7 and 11 of the […]
Author: John D. Giampolo

For many years, the New Jersey Mansion Tax has been a significant consideration in high-value real estate transactions. Recent legislative changes, however, have substantially altered how the tax operates, including who is responsible for paying it and the amount owed in certain transactions. Whether you are purchasing, selling, or investing in New Jersey real estate, […]
Author: George McGowan

As our personal and financial lives increasingly move online, estate planning must evolve to address a new category of property: digital assets. From email accounts and social media profiles to cryptocurrency and cloud-stored business records, these assets often carry both financial and sentimental value. Yet, without proper planning, they can become inaccessible—or even lost—upon incapacity […]
Author: Marc J. Comer

In today’s mergers and acquisitions market, representation and warranty (R&W) insurance has become a common feature of deal negotiations. Once used primarily in larger transactions, R&W insurance is now frequently incorporated into middle-market deals as buyers and sellers look for efficient ways to allocate risk and close deals. When structured properly, R&W insurance can help […]
Author: George McGowan

Receiving a federal grand jury subpoena is not something most businesses or individuals anticipate. While it can be concerning, a federal grand jury subpoena does not necessarily mean that you are being accused of wrongdoing. It does, however, mean that a federal criminal investigation is underway and that federal prosecutors believe you may possess information […]
Author: Sean M. Pena
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!