Property owners in New Jersey are legally required to ensure the safety of their premises for the occupants and visitors under the doctrine of premises liability. This means they must put reasonable security measures to avoid injuries and potential legal consequences. However, if you find yourself as a victim of a security incident on someone else’s property in New Jersey, you have a legal recourse. You could be entitled to compensation for the injuries you’ve suffered. 

A New Jersey negligent security lawyer can help you navigate these landscapes and help you pursue appropriate competition. At The Epstein Law Firm, P.A., we will fight for you to get compensation for your injuries from a negligent property owner. Get in touch with us today for a free consultation on legal options for your personal injury case.

The Negligence Law in New Jersey 

Negligence refers to a failure to exercise the care and attention that a reasonably prudent person would exercise in similar circumstances. This fundamental concept sets the stage for evaluating liability when accidents occur on another person’s property.

Let’s break it down further:

Imagine you’re a customer visiting a local retail store in New Jersey. You’ve completed your shopping and are heading back to your car, parked in the store’s dimly lit parking lot. Suddenly, you trip and fall, sustaining injuries due to the inadequate lighting. In this scenario, a reasonable person would have put enough lighting to ensure the safety of the store customers. The store owner didn’t act reasonably and therefore, he was negligent. 

Modified Comparative Negligence

New Jersey employs a legal concept known as “Modified Comparative Negligence” when determining liability and compensation in negligence cases. Under this doctrine (§ 2a-15-5.1 et seq.), the court assesses all parties’ negligence and assigns a percentage of fault.

Here’s how it works:

Suppose you, as the injured party, are found partially responsible for the accident. For instance, in our grocery store case, you might be deemed 20% responsible for not watching where you were walking. If the court awards you $10,000 in damages, your recovery will be reduced by your percentage of fault. In this scenario, you would receive $8,000 ($10,000 minus 20%).

However, the victim can only recover damages if their contribution to the incidence is equal to or less than 50%. This means if the injured party was determined to have contributed to the vault by over 50%, they can not recover damages. 

Elements of Negligence in Premises Liability

To prevail on a claim of negligence in a premises liability case, a plaintiff must establish four essential elements:

  • The property owner owed you a duty of care: This involves demonstrating that the defendant (property owner) owed a duty to the injured party (plaintiff). In the grocery store example, it’s the duty to maintain a safe shopping environment
  • They breached this duty by not providing adequate security: It’s essential to prove that the defendant breached the duty of care. In our case, this would be the failure to light up the area adequately
  • This breach directly caused your injuries: Establishing a direct link between the defendant’s breach of duty and the plaintiff’s injuries. The poorly lit area directly caused the fall incident
  • You suffered damages as a result: Lastly, the plaintiff must provide evidence of the damages sustained as a result of the incident. These damages include medical bills, pain and suffering, and lost income

However, determining these elements in a premises liability case requires a keen legal perspective. A personal injury lawyer would conduct thorough investigations to gather evidence and facts relevant to your case to ensure you get the proper compensation.

How New Jersey Negligent Security Lawyer Will Help

Facing the aftermath of a security incident due to negligence on someone else’s property can be overwhelming and challenging. This is especially true if you suffer severe injuries and must deal with medical treatment, pain, and suffering. In this situation, it is in your best interest to consult with an inadequate security attorney in Rochelle Park, NJ to help you navigate the legal process.

Here is why you need a lawyer by your side: 

Professionalism in Legal Matters 

A lawyer possesses a deep understanding of negligence law, specifically in the context of security matters. They are well-versed in the legal intricacies surrounding security negligence. This makes them proficient in evaluating your case and building a solid legal strategy to ensure optimal compensation.

Thorough Investigation and Evidence Gathering

A crucial aspect of negligent security cases is gathering compelling evidence to establish the elements of negligence. These lawyers conduct comprehensive investigations, analyzing security measures, incident records, and any negligence on the part of property owners. This meticulous approach strengthens your case to ensure all the vital details are used to build up a strong case.

Identifying Responsible Parties

Determining liability in a negligent security case can be complex. Negligent security lawyers know how to adequately identify all parties responsible for security lapses, which might include: 

  • Property owners
  • Security companies
  • Management entities

Holding the correct parties accountable is vital for the positive outcome of your case.

Determining Damages Accurately

Proper compensation requires accurate calculation of damages. A personal injury lawyer in New Jersey understands that a negligent security case involves assessing not only the immediate medical treatment costs but also the long-term effects on your life. They will evaluate the true extent of your damages, considering the following aspects:

  • Current and future medical treatments
  • Rehabilitation
  • Lost wages
  • Emotional distress
  • Punitive damages in case of gross negligence 
  • Other potential future expenses related to your injuries

Negotiating with Insurance Companies

Dealing with insurance companies on your own can be a daunting task. This is because insurance companies hold a significant advantage in negotiations. They have vast resources, experience, and a deep understanding of tactics to minimize payouts. This unequal bargaining power can lead to less favorable settlements for claimants.

However, an attorney would serve as your advocate in negotiating with insurance providers to secure a fair settlement. They will level the playing field and navigate the negotiations on your behalf to increase your chances of a favorable outcome.

Trial Representation and Legal Advocacy

In cases where a fair settlement cannot be reached through negotiation, a negligent security attorney will represent you in court. They present a compelling case on your behalf, using their legal experience to advocate for your rights and seek the best possible outcome through litigation.

Contact an Inadequate Security Attorney in Rochelle Park, NJ

Navigating the complexities of a negligent security case requires sound legal representation. If you or a loved one has suffered injuries due to negligent security on someone else’s property in New Jersey, it’s crucial to act quickly to secure your rights. Talking to our legal team promptly will ensure you build a robust case and obtain the compensation you deserve. Contact us today, and we will help you understand your rights and explore your legal options.

New Jersey Negligent Security Lawyer FAQs

Is There a Time Limit to File a Negligent Security Claim in New Jersey?

In New Jersey, the statute of limitations for personal injury cases, including negligent security claims, is two years. This means that you have a two-year window from the date of injury to file the suit. Failure to honor the two-year statute of limitations may result in the barring of your case being barred, and you may lose the opportunity to seek compensation.

How Much Settlement Can I Receive for My Case in NJ?

The settlement amount for a negligent security case in New Jersey varies widely depending on various factors. These include the severity of injuries, the level of negligence on the property owner’s part, and the impact of the incident on your life. Consult with an attorney who can assess the specifics of your case and provide a more accurate estimate of potential settlement amounts.


We want to express our deepest gratitude for the exceptional work you did to insure that our father’s unfortunate accident did not go unrecognized; my dear dad would have appreciated your professionalism, unstoppable work ethic and most of all your compassion every step of the way. Please know we have the highest regard and the utmost respect for you.

Deb & Joe

Thank you again for all of your help, support and advice. You’ve made a trying and difficult time much easier to deal with for my family and myself. You will never have any idea how much your efforts were, and will forever be appreciated.

F. D.