According to the New Jersey State Police (NJSP), there were approximately 1178 assaults, 838 robberies, and 962 motor vehicle thefts in Hudson County in 2017 alone. Sadly, many of these crimes occur when property owners fail to protect innocent members of the Hoboken community.
New Jersey law protects victims of inadequate security and allows them to recover compensation when they suffer injuries from another party’s negligence. If you wish to seek justice for your losses, a Hoboken inadequate security lawyer can be there to help guide you through our legal system.
Here at Maggiano, DiGirolamo & Lizzi P.C., our attorneys have over 80 years of combined legal experience in the field of personal injury law. Along the way, we have worked with victims of negligent security all over New Jersey. The way we see it, property owners should be responsible for pain and suffering when they put visitors in harm’s way.
For more information on our legal services at Maggiano, DiGirolamo & Lizzi P.C., contact a representative today at (201) 585-9111 and receive a free consultation.
Recovering Compensatory Damages in Hoboken
When another party is found liable for your inadequate security claim, you may be eligible to recover compensatory damages. These damages are meant to cover your economic and non-economic losses, including any financial, mental, and physical hardships brought on by the accident. Examples of these compensatory damages may include the following:
- Property damage
- Medical expenses from treatments and ongoing care
- Physical pain during the accident and recovery process
- Accommodations to help ease the discomfort of long-term disabilities
- General mental anguish, including post-traumatic stress disorder (PTSD), lost passions, strained relationships with loved ones, and diminished quality of life
- Trauma related to disfigurements
- Lost wages
- Reduced earning capabilities
You can still receive compensatory damages even if your actions partially contributed to your accident. As described under New Jersey Revised Statutes (NJ Rev Stat) §2A:15-5.1, being partially (less than 50%) responsible for your accident does not bar you from recovering damages. However, it may reduce your overall settlement proportionately to your involvement.
Understanding Your Eligibility for Punitive Damages
In rare cases, the court may decide to award punitive damages in negligent security claims. These damages differ greatly from compensatory damages because they are not meant to address your losses. Instead, the state uses punitive damages to punish egregious wrongdoers. In doing so, these damages help to dissuade other people from repeating the offender’s dangerous behavior.
As detailed under NJ Rev Stat §2A:15-5.12, the court will not consider awarding punitive damages unless the offender displayed one of the following qualities while causing your injuries:
- Malice
- Wantonness
- Willful misconduct
- Fraud
- A disregard for the foreseeable consequences of their actions
Lastly, punitive damages cannot exceed five-times the amount of compensatory damages you receive, or a maximum of $350,000.
Common Areas with Inadequate Security Forces
Areas that are open to visitors must provide a reasonable expectation of safety for their guests—including privately-owned properties, public properties, and government properties. Accordingly, common places that face claims for inadequate security forces include the following:
- Parking lots
- Airports
- Concert venues
- Sports stadiums
- School facilities, including outdoor campuses
- Apartment complexes
- Malls, retail stores, and outdoor shopping areas
- Grocery stores
- Hotels and motels
- Nursing homes and other extended-care facilities
- Swimming pools
- Amusement parks
Examples of Inadequate Security
Inadequate security often occurs due to carelessness, inexperience, or ignorance. As such, examples of negligence may include:
- Failure to adequately train staff members.
- Security forces failing to pay enough attention to surveillance cameras.
- Failure to protect swimming areas with lifeguards.
- Security guards deciding not to intervene during an assault.
- Failure to provide adequate lighting in potentially dangerous areas of the property, such as parking lots or alleyways.
- Neglecting to install proper locks or alarm systems.
- Hiring employees without thoroughly investigating their background or criminal history.
Even if you do not think your accident fits the criteria for legal action, a Hoboken inadequate security lawyer can be there to review your case and offer you advice on the road ahead. Here at Maggiano, DiGirolamo & Lizzi P.C., our team offers a free consultation to help set your mind at ease. To get started, contact a representative today at (201) 585-9111.
The Role of Premises Liability Law
Negligent security claims often fall under the tenets of premises liability in New Jersey. According to the New Jersey Courts, premises liability dictates that property owners owe a duty of care to individuals who are legally allowed to be on their property.
Overall, duty of care entails providing a reasonable expectation of safety, which generally includes maintaining the property and preventing avoidable accidents. In the eyes of the law, duty of care extends to several parties:
- Licensees: Individuals allowed on the property for business purposes
- Invitees: Individuals allowed on the property to serve its intended purpose (like visitors to a park during business hours), or individuals invited at the owner’s request (like party guests)
In some circumstances, duty of care may even extend to trespassers if the property owner knows they are on the premises, and does not adequately warn them about potential dangers.
Inadequate Security Lawyers Fighting for Victims in Hoboken
Here at Maggiano, DiGirolamo & Lizzi P.C., we know negligent security accidents can cause a lot of heartache and uncertainty in your life. If you decide to retain a Hoboken inadequate security lawyer at our firm, we can be there to work on your case while you focus on what truly matters: your health, your family, and your future.
Our firm believes you should always carefully consider your options before taking legal action. Just remember that NJ Rev Stat §2A:14-2 only gives you two years to file a negligent security lawsuit after an accident. If you fail to file in time, the court may dismiss your case.
To learn more about your legal options, contact a Maggiano, DiGirolamo & Lizzi P.C. team member today at (201) 585-9111 and receive your free case review.
