Morristown Negligent Security Attorney
Personal Injury Lawyers Serving New Jersey
When bad things happen to good people it leaves you searching for answers, and waiting for someone to be responsible. Sometimes, the injury that occurred was simply due to an unavoidable accident for which no one is to blame. Other times, however, someone may be to blame as the property owner failed to provide proper security and their negligence led to the accident or injury. Places open to the public have a duty of reasonable care for the safety of its guests and if they ignore that duty and someone is injured, they may be held accountable by a New Jersey Court.
Have you been injured due to negligent security? Contact a Morristown negligent security attorney at The Law Offices of Michael P. Burakoff for a free consultation. Our experienced team of attorneys has successfully represented thousands of accident victims and obtained exceptional outcomes in many serious and catastrophic injury cases. Call us today at 973-455-1567 for a free consultation to discuss your case or fill out a contact form and we will be in touch shortly.
NJ Grocery Store Injuries Due to Negligent Security
For example, if a person was shopping at a grocery store and leaves the store to go to the parking lot to put groceries in the car, and she is mugged and assaulted along the way, the grocery store may be liable for her injuries. The store could be liable if they had previous reason to believe that there was similar criminal activity in the area and that it was foreseeable that a patron could be harmed if adequate security was not provided. If a store owner knows that criminal activity is common on its property it would have a legal obligation to warn of that danger by posting signs or, possibly, by providing added security.
In a lawsuit, the injured party’s attorney could prove that the store knew of the criminal activity by providing police reports of the incidents involving criminal activity. The Plaintiff’s attorney would also ask questions of store owners and employees during their depositions and they would be required to be truthful about their knowledge of the criminal activity. Knowledge of the criminal activity that is similar in nature to the activity that caused the injury will likely subject the premises owner to liability.
Eventually, if a lawsuit is filed, the court will look at the case to determine if the business owner could have reasonably foreseen a likelihood of harm and if so, did the owner breach his or her duty to assist the patron in avoiding the risk of injury. The attorney will set out to prove that the store had a duty of care to its patrons, that the store breached its duty and, but for the breach in the duty of care, the patron would not have been injured. The simple question is whether the injury was reasonably foreseeable.
Restaurant Injuries Due to Negligence Morristown
Not all injuries are that happen on a property are reasonably foreseeable. In an unpublished opinion, a restaurant was found not to be negligent in the stabbing death of a patron. The court found that in the three years preceding the stabbing, there were no reports of criminal activity or stabbings and thus, the property owner could not foresee the possibility of someone being stabbed. The only incidents that were said to have happened in the past were people becoming physically sick, but there were no reports of violence. In this case and others like it, had there been reports of similar violence, the property owner could have been liable.
Now, say for example that restaurant had regular fights, stabbings, and assaults and they failed to foresee that someone would be stabbed; they would likely be held liable because they simply ignored the risks. Ignoring the risks and failing to provide security could have led to a person’s death. Negligent security extends beyond grocery stores and restaurants and public properties.
Duty of Care and Adequate Security Newton
All property owners that permit invited guests to owe a duty of care to provide adequate security. Some examples of properties that owe a duty are apartment buildings, businesses, shopping malls, condominiums, hotels and motels, schools, universities, open land, quarries, amusement parks, and sports stadiums. Just as property owners that owe a duty of care are not limited to stores or restaurants, adequate security is not limited to situations in which there is criminal activity.
Additional Forms of Adequate Security Claims
Additional measures of adequate security may be something as simple as providing a barrier to the public, locks, or patrols for certain properties. In these instances, the owners need to be proactive about protecting those that may come onto the property. For instance, in the case of a pool, an easy and common-sense security measure is to install a fence with a gate and lock. Another example occurs when an apartment complex fails to have the lobby area locked in a high crime area and people are free to come in and out. Imagine if you entered your building, and there was someone waiting in the stairwell to attack you. A lock could prevent this trespasser from entering the building in the first place.
Contact A Personal Injury Lawyer with Offices in Newton and Morristown Today
Whatever the injury is, or wherever it occurred, you need to speak with an attorney to review the case and determine if there is a possibility of recovery due to inadequate security. With Michael P. Burakoff by your side, you will have solid representation advocating for your best interests and fighting for your rights. Our main goal is to pursue the best possible financial recovery for our clients.
Over 40 years of experience have earned a remarkable record of success as well as the appreciation of our clients who come back to us when a legal issue needs to be responsibly addressed. Call The Law Offices of Michael P. Burakoff today for a free consultation at 973-455-1567 and let us start the claim process on your behalf or fill out a contact form to schedule an appointment.
