Can I sue for being shot or stabbed in New Jersey?
Often, yes. New Jersey property owners owe a duty to take reasonable steps to protect people on their premises from foreseeable crime. When a business or landlord ignores a known danger and someone is shot or stabbed as a result, New Jersey law can hold the owner financially responsible — through a negligent-security claim. You are not suing for the crime itself; you are suing the property owner for the security failures that made a foreseeable attack possible. This is separate from any criminal case against the attacker.
How New Jersey decides if a crime was “foreseeable”
New Jersey uses a totality-of-the-circumstances test (Clohesy v. Food Circus Supermarkets): a property owner owes a duty to protect visitors from foreseeable third-party crime based on all the surrounding facts — neighborhood crime, proximity, and the character of the premises — not just whether an identical crime happened there before. New Jersey expressly rejected the narrower ‘prior similar incidents only’ rule.
Deadlines in New Jersey
- Negligence / personal injury: generally two years from the date of the incident from the date of the incident.
- Wrongful death: generally two years from the date of death.
New Jersey law allows a wrongful-death claim to be brought at any time when the death resulted from a murder or manslaughter for which the offender is convicted — but for all other cases the two-year deadline is strict, so confirm your date quickly. Evidence like surveillance footage disappears fast, so it’s important to act quickly.
Fault sharing in New Jersey
New Jersey follows modified comparative negligence with a 51% bar (N.J.S.A. 2A:15-5.1): you recover, reduced by your share of fault, only if you were 50% or less at fault.
What you can recover
New Jersey does not cap compensatory damages against a private property owner in an ordinary negligence case. For families, a wrongful-death claim can recover funeral costs and the loss of support and companionship.
Why New Jersey victims choose The Haggard Law Firm
The firm has handled nearly 500 negligent-security cases nationwide and secured the largest negligent-security verdict in U.S. history ($102.7 million). We help New Jersey crime victims and their families with no fee unless we win.
Negligent security in New Jersey cities
We handle New Jersey negligent-security cases statewide. If your case happened in one of these cities, start here:
How we handle a New Jersey case — working with local counsel
The Haggard Law Firm is based in Coral Gables, Florida, and Michael A. Haggard is licensed to practice law in Florida. Mr. Haggard is not licensed in New Jersey. Negligent security and crime-victim litigation is the firm’s core focus, and because of the national reputation the firm has built in this specific area, Mr. Haggard regularly works on New Jersey cases as co-counsel with a locally licensed New Jersey attorney, seeking admission pro hac vice (for the individual case) where the court’s rules permit. Any New Jersey matter would be handled together with local counsel admitted in New Jersey.
If you were shot, stabbed, or lost a loved one to a preventable crime in New Jersey, you can still reach out to us directly. We will review your case for free and, where appropriate, associate with a qualified New Jersey attorney to pursue it.
This page is attorney advertising and general information only; it is not legal advice and does not create an attorney-client relationship. Michael A. Haggard is licensed in Florida. Prior results do not guarantee a similar outcome.
Frequently asked questions
Can I sue for being shot in New Jersey?
Often, yes. If you were shot on a New Jersey property that failed to provide reasonable security against a foreseeable risk, you may be able to sue the property owner for negligent security — separately from any criminal case against the shooter. New Jersey weighs the totality of the circumstances — neighborhood crime, proximity, and the nature of the premises — not just prior identical crimes (Clohesy). A free case review will tell you whether you have a claim.
Can I sue if I was stabbed on someone's property in New Jersey?
Possibly. A stabbing on a New Jersey property with inadequate security is handled the same way as a shooting — if the attack was foreseeable and the owner failed to provide reasonable security, the owner may be liable. The claim is against the property owner, not only the attacker.
How long do I have to file a negligent-security claim in New Jersey?
Generally two years from the date of the incident from the date of the incident for a negligence claim, and two years from the date of death for wrongful death. New Jersey law allows a wrongful-death claim to be brought at any time when the death resulted from a murder or manslaughter for which the offender is convicted — but for all other cases the two-year deadline is strict, so confirm your date quickly. Confirm your specific deadline with a lawyer quickly.
Is Michael Haggard licensed to practice in New Jersey?
Mr. Haggard is licensed in Florida, not in New Jersey. Because negligent-security litigation is his firm's core focus and the firm has a national profile in these cases, he regularly serves as co-counsel with a locally licensed New Jersey attorney and, where the court permits, appears pro hac vice for the individual case. You can contact the firm directly, and where appropriate it will associate with qualified local counsel in New Jersey.
How does New Jersey decide if a property owner is liable?
New Jersey weighs the totality of the circumstances — neighborhood crime, proximity, and the nature of the premises — not just prior identical crimes (Clohesy). If the crime was foreseeable and the owner failed to provide reasonable security, they can be held responsible.
What does it cost to hire the firm?
Nothing up front. We work on contingency — no attorney's fees unless we recover compensation for you.