When someone is assaulted, robbed, or shot in a parking lot, an apartment complex, a bar, or a hotel, the first instinct is that only the attacker is responsible. Often that’s true. But New Jersey law recognizes a separate question: did the property owner create the conditions that made the attack possible? That’s the heart of a negligent-security claim.
Premises liability extends to criminal acts
Negligent security is a branch of premises liability. A business or landlord that invites the public onto its property owes a duty to take reasonable steps to keep that property safe. New Jersey courts have made clear that this duty can include protecting visitors from the foreseeable criminal acts of third parties — not just from wet floors and broken stairs.
The leading case is Clohesy v. Food Circus Supermarkets, 149 N.J. 496 (1997), where the New Jersey Supreme Court adopted a “totality of the circumstances” test for foreseeability. Instead of requiring a near-identical prior crime at the exact spot, the court looks at everything: the nature of the business, its location, the history of criminal activity in the area, and the overall character of the premises. If a reasonable owner should have anticipated the risk, a duty to guard against it can arise.
What “reasonable security” can mean
There is no one-size checklist; reasonableness depends on the property and the risk. But the measures juries look at are familiar:
- Adequate lighting in parking lots, stairwells, and walkways.
- Functioning locks, gates, and access control at apartment buildings and hotels.
- Working security cameras — and whether they were monitored or just decorative.
- Security personnel where the location and crime history call for it.
- Responding to known prior incidents — a string of car break-ins or a recent assault that the owner ignored.
Where these cases get fought
Owners and their insurers defend negligent-security claims hard, usually on foreseeability (“we had no reason to expect this”) and causation (“better security wouldn’t have stopped it”). That’s why the evidence built early is decisive: police call-history for the address, prior incident reports, the property’s own security records, maintenance logs for lights and locks, and the surveillance footage — which has a habit of being overwritten if no one demands its preservation immediately.
New Jersey’s comparative negligence rules also matter here. A defendant may argue the victim bears some share of fault; as long as the injured person is not more at fault than the defendant, the claim survives, with damages reduced by their percentage. If the attack also led to criminal charges against the assailant, the civil case proceeds on its own track — a criminal acquittal doesn’t end the civil claim, because the burden of proof is lower.
Talk to someone before the footage is gone
If you were hurt by a crime on property that should have been secured — a poorly lit garage, an apartment complex with broken gates, a bar that ignored a known problem — the window to lock down the evidence is short. We’ll review what happened, send preservation demands before the cameras loop, and tell you honestly whether the owner shares responsibility. The consultation is free.
Part of our complete guide: For every related New Jersey offense, claim, and defense in one place, see our NJ Personal Injury Guide.