Unfortunate incidents can happen in a parking lot, especially if there’s a lack of security. According to Statista, around 16,900 robberies in the U.S. occurred in parking garages and lots. What’s more unfortunate is that these incidents can be avoided if property owners implement adequate safety measures.
If you received severe injuries from a criminal act or assault in a parking lot, you can seek compensation if the incident occurred because of negligent security. Here’s what you need to know:
Establishing negligence in New Jersey
Under New Jersey law, negligence is based on proof that a person owed the injured party a duty of care. They then failed to meet that duty and, as a result, caused harm. In cases involving criminal activity or accidents in parking lots, it means demonstrating that the property owner or landlord failed to provide reasonable security measures, leading to an incident.
Negligent security can look like:
- Poor lighting, making it easier for criminal activities to go unnoticed
- A lack of surveillance cameras or security personnel, increasing the risk of theft, vandalism or assault
- Broken entry or exit barriers, allowing unauthorized access and compromising the safety of vehicles and individuals
- Consistently ignoring previous incidents or failing to address known security issues, such as malfunctioning cameras
The injured party must show that the owner knew or should have known about the security risks and failed to take appropriate action. Moreover, they must prove that the lack of security directly led to the injury they suffered.
Holding liable parties responsible
Determining liability involves looking at who was in charge of security and if they did enough to keep people safe in the parking lot. While this generally means the property owner, it can include:
- Management companies or landlords
- Security companies
- Commercial tenants or businesses
Victims of negligent security incidents in New Jersey can file a personal injury lawsuit to seek compensation. This can cover any medical bills, lost wages and other expenses related to the injury.
These cases can settle outside of court through negotiations. However, if either party can’t reach a fair settlement, they may need to go to trial. Professional legal advice might be necessary.