Injured Because of Inadequate Security? Who’s to Blame?
There’s no question that some places are more dangerous than others. But, what if you were injured because of inadequate security? Is someone else to blame in addition to the perpetrators?
New Jersey property owners do have certain responsibilities when it comes to providing security for unsafe conditions. There are no true guarantees when it comes to making a property free from peril. However, there are some reasonable expectations when it comes to safety precautions. We’ll give you some examples where inadequate or negligent security could have avoided someone suffering injuries.
Assaults and Inadequate Security
Inadequate security cases fall under the auspices of premises liability claims. An assault might have been avoided if the property owner or some third party provided better security. For example:
- Parking garage: Susan walks from work to the local parking garage after work. During daylight savings time, the area is dark by the end of the business day. There are lights in the garage, but they are not working. Susan had even reported the lack of illumination to the parking attendant. On the evening following her report, Susan walks to the garage. As she puts the key in her car door, someone assaults Susan and she is seriously injured. The lack of lighting may have created an unsafe condition.
- Rental premises: Paul lives in an apartment in a high crime area. The landlord is aware that the complex has problems and has hired an outside security service to ensure the safety of the residents. When Paul arrives home, he takes a mental note that the security guard is not at his post. As he walks through the courtyard, Paul is accosted by two men and thrown to the ground. He suffers a traumatic brain injury. The failure of the security company to have someone at their post may be the subject of a legal action.
- Shopping Mall: When a series of criminal assaults have taken place at a shopping mall, the owner may have a responsibility to warn patrons. The same is true for supermarkets and other types of businesses that service customers and essentially invite them to their premises.
An inadequate or negligent security claim may be brought against many types of property owners. These include sporting event venues, schools and businesses. There are many options when considering a premises liability claim of this nature. It will be important to determine whether the property owner was aware of the dangerous condition and what they did to improve the circumstances.
Victims of crimes in New Jersey may be eligible for compensation from the New Jersey Victims of Crimes Compensation Office. The maximum benefit available from the fund is $25,000 and is for medical bills and lost wages not recoverable in any other manner.
Contact Us
Were you or a loved one assaulted? Do you believe that inadequate or negligent security may be partially to blame? At the Law Offices of Beninato & Matrafaljo, we have decades of experience handling premises liability cases. Give us a call to see how we can help you.
Dan T. Matrafajlo, Esq. is the Managing Member and Lead Partner at Beninato & Matrafajlo, Attorneys at Law, LLC, a New Jersey-based personal injury law firm with offices in Elizabeth and East Brunswick. With over two decades of experience representing clients in complex matters—including motor vehicle accidents, workers’ compensation, and wrongful death cases—he has recovered over $100 million on behalf of his clients and is known for securing significant results. He has also helped shape New Jersey personal injury law through notable Appellate Division decisions such as Hardison v. King and Frenklakh v. Lojek, with his litigation work featured in the New Jersey Law Journal, underscoring his authority in the field.
Mr. Matrafajlo was recognized as a Super Lawyers® Rising Stars honoree from 2012 to 2017 and is a member of the Million Dollar Advocates Forum—an honor reserved for attorneys who have achieved multi-million-dollar verdicts and settlements. Combining deep legal expertise with a client-focused approach, he provides strategic, results-driven representation while guiding clients through every stage of the legal process. He earned his Juris Doctor from the University of Miami School of Law and is admitted to practice in both New Jersey and New York.
