It has long been the law in New Jersey that commercial property owners and business operators have a duty to ensure their premises are reasonably safe for patrons. This often includes the duty to protect customers from criminal acts committed by third parties while on the premises. And, the failure to satisfy that a duty can result in liability for the injuries caused by those criminal acts.
While an owner/operator’s duty to protect from third-party criminal acts is not absolute, there is unfortunately no bright-line test to confidently predict when the duty will be found to exist. Instead, when a lawsuit is filed, it is left to the judge to decide whether the duty existed for the particular criminal act.
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