Must Store Owners Provide Adequate Security to New Jersey Shoppers?

January 11, 2013

Must store owners provide adequate security to New Jersey shoppers?

When we run errands, we often will go to stores that we are familiar with, especially when close to home. We know where they keep the things we need, and we can then quickly return home afterward. Most of these trips happen without incident, because we know exactly what we need to do, and we feel safe when we are on their property.

In New Jersey, property owners, especially those who own commercial businesses, are required to keep their property safe for those who visit. Stores need to be kept free from spills, which may cause patrons to fall and become injured. Sidewalks must be cleared of snow and ice, especially in areas with high-pedestrian traffic. If there are railings or stairs, the property owners need to be sure that they are in working order, and will not break or cause falls when being used.

New Jersey courts have also discussed the steps that business owners need to take to ensure that those on their property are not the victims of a criminal act. In one early case on the issue, a woman was sexually assaulted after shopping at a grocery store. The woman stated that the store should have hired security guards, put up fences or improved lighting in the parking lot, which may have prevented these crimes from occurring.

When the court issued its ruling, it said that duties owed to those that visited the property would depend upon issues of fairness. This would be measured by determining whether or not the property owner should have known that these crimes would occur. If it was foreseeable, and the owner's failure to address the concerns led to the crime, the owners could be found negligent. Those who were the victims of the crimes could potentially recover compensation from the property owners due to the failure to provide adequate security.

These are extremely complicated cases. Store owners will often insist that they did everything that they were required to do, and that the crimes, whether it is a mugging, assault or shooting, happened despite the protections in place. This can be extremely frustrating for victims who have to then try to show why the property owners were negligent.

If you have been injured or been the victim of a crime while at a place of business, contact an experienced personal injury attorney to discuss your case. Each of these situations will depend upon factors present at the time the incident happened. It is important to work with someone who has handled these cases before to prove that the storeowner's negligence led to your injuries.

Article provided by The Maglione Firm, P.C.
Visit us at http://www.themaglionefirm.com