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Negligent Security Claims in New Jersey | Rossetti & DeVoto

maximios October 13, 2025

Whether you are dining at your favorite restaurant or spending a night in a hotel, you have an expectation of safety and security. You have a reasonable expectation that the establishment has adequate policies to protect you from harm. Does anyone expect to be robbed while leaving a restaurant? Or, do they expect an assault to happen on their way back to their hotel room? Does the owner of that restaurant or hotel owe any duty to their customers to keep them safe from harm? If they owe such a duty, can the customer hold them legally liable for damages incurred as a result of a crime? Today, let’s explore how to prove a negligent security claim.

Negligent Security & Your Safety

Owners of property owe a legal duty to their customers to provide them with a reasonably safe premises and protect them from foreseeable crimes. The victim of the crime can bring legal action for negligent security against the party in charge of the property. That is if the injured party can prove that the crime was preventable. Or, at least less likely to have occurred if the property owner had provided adequate security. 

Examples include a mall owner failing to hire security guards during the holiday shopping season. Another example may be the operator of a hotel that fails to provide security at the entrances. That is when they allow anyone to enter or leave the building without restriction. 

What is a Negligent Security Claim?

What constitutes adequate security will vary depending on the facts of each case. And, the foreseeability of the harm in any given situation. To reference the example above, the amount of security that is considered adequate will vary greatly between hotels in a high-crime area. And, bed and breakfasts in a community where crime is almost non-existent. Likewise, the level of security considered adequate for a shopping mall may vary depending upon the time of year. In addition to the location of the facility.

Owners and operators of facilities have a legal duty to be aware of the level of criminal activity in their area and make adequate efforts to protect their customers from criminal harm. Failure to provide such protection will leave the owner open to a negligent security claim.

Proving the Case

If you have been a victim of a crime due to the failure of a property operator to provide adequate security, contact the attorneys experienced in handling negligent security liability cases at the Rossetti and DeVoto law firm. 

With Rossetti and DeVoto, you can trust our experienced lawyers to help you through the entire legal process. We strive to get you full compensation on any negligent security claims. This includes payment for lost wages, compensation for pain and suffering, as well as immediate medical and treatment bills. We have extensive experience in these types of claims. And, work with your unique circumstances to ensure you get the help you need from start to finish. Contact us today at 844-263-6260 for a free consultation to get started.

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