Landlord Responsibility for Preventing Crime on Their Premises

 

Amy Goldenberg Closter NJ
Amy Goldenberg

As a student at Touro Law School in Central Islip, NJ, Amy Goldenberg earned accolades in judicial writing and oral advocacy. Now residing in Closter, NJ, Amy Goldenberg focuses on premises liability cases as an attorney with Malapero, Prisco & Klauber.

Under premises liability laws, landlords have the obligation to protect their tenants from foreseeable criminal acts. In addition to installing basic protections against break-ins and trespassers such as deadbolt locks, properly functioning windows, and an intercom system, landlords should implement preventive measures for crimes that have been known to occur in the vicinity.

For example, if robberies are common in the neighborhood, landlords should install measures that would deter perpetrators such as bright exterior lighting or security cameras. If a crime is perpetrated in the building by one of its tenants, landlords must take action by informing law enforcement and starting eviction proceedings if necessary.

To prevent the likelihood of on-site criminal conduct, landlords should carry out thorough background checks on all potential tenants and insert clauses that prohibit illegal activities on the premises into every lease agreement.

Premise Liability Laws for Swimming Pools

Closter, NJ, lawyer Amy Goldenberg returned to law school after a successful decades-long career in pharmaceutical sales. Over the course of her legal career, Amy Goldenberg has worked with law firms and public defender offices based in and around Closter, NJ. As an attorney for Malapero, Prisco & Klauber, she practices all areas of defense litigation, including premise liability law.

Swimming pools on residential or commercial properties are included under premise liability laws. This means that property owners may be held legally responsible for any injuries or damages occurring near or in their pools. However, there are several conditions impacting this liability. Firstly, the injured party must not be an unwelcome trespasser.

On the other hand, since pools are classified as attractive nuisances (or a feature that would interest children), they must be secured to protect young children. Additionally, property owners are not liable for injuries caused by reckless behavior or disregard for safety warnings.

Private or commercial pool owners can reduce their chances of being held liable for injuries by fencing their pools properly, addressing issues with pool ladders or other equipment right away, clearly indicating the depth of the pools, and prominently listing unsafe behaviors.

What Is Negligent Security?

Amy Goldenberg Closter NJ
Amy Goldenberg

After graduating with a juris doctor degree from Touro Law School, Closter, NJ, attorney Amy Goldenberg worked for several legal firms based in New York and New Jersey. Amy Goldenberg served as a staff attorney for Davis, Saperstein & Salomon, P.C., located just outside of Closter, NJ, and went on to obtain a position with Malapero, Prisco, & Klauber, focusing on premise liability defense.

Under New York State premise liability laws, property owners are obligated to install basic security measures to keep all people visiting or residing in a building safe. Some legal security requirements include well-lit entryways, properly secured doors, and possibly surveillance cameras or hired security guards. These obligations apply to most commercial buildings and multi-family residential properties.

Landlords may be liable for any assaults or crimes committed on or near their properties if similar crimes have occurred in the past and no steps have been taken to secure the premises. However, under New York law, property owners can only be held responsible for securing against crimes or instances that are predictable and foreseeable. For example, a history of non-violent criminal activity in a building doesn’t necessarily imply that the occurrence of a violent crime on the premises would be predictable.

Property Owner Duties Under New York Premises Liability Laws

Amy Goldenberg

Closter, New Jersey lawyer Amy Goldenberg has worked with several notable legal firms, including Davis, Saperstein & Salomon, P.C. and Winget, Spadafora & Schwartzberg, LLP. Since April 2019, attorney Amy Goldenberg has represented clients on behalf of Malapero, Prisco &Klauber, a firm with offices in NewYork and New Jersey. She focuses on defending property owners who are being prosecuted based on premises liability laws.

Property owners that do not keep their buildings in safe condition can be found liable for any personal harm that occurs on their premises. Landlords, property owners, and other responsible parties must perform the following duties to minimize their exposure to premise liabilities:

1. Inclement Weather – When the conditions outside the building become dangerous due to ice or snow, property managers must take steps to make the area accessible by removing the snow promptly. However, there is no obligation to remove the snow as it accumulates, so owners may not be found liable for pedestrians who injure themselves amid a heavy storm.

2. Hazard Warnings – Property owners must report any significant hazards that visitors may encounter on their premises. This can include alerting visitors about ongoing repair work, faulty stairs, or slippery surfaces using clear signage.

3. Building Maintenance – New York law holds property owners liable for injuries caused by damages they may not have known about but would have been discovered through reasonable upkeep. For this reason, property owners should conduct routine site inspections, even if they are not required by law.