Q: Can the owners of the apartment complex be held liable for not securing their premises?
My daughter, after coming home from work around midnight, and after parking her car in her gated apartment complex. was held up by 3-4 guys, choke held her and snatched her bag. When she tried to pursue them as they fled, they came back to stop her by shooting a gun grazing her chin. Then the assailants made their escape. There was a video record in the management office of what happened and the incident was reported to the police. My question is: Can the owners and management of the apartment complex be held liable for the incident? My daughter until now is traumatized and terrified. Even to come out of the house.
A: While I cannot speak to your specific case without more information, I can tell you that tenants are entitled to expect that an apartment complex will be reasonably safe. A property manager has certain duties with regard to the safety of tenants on the premises, including providing adequate security. A property manager, however, is clearly not in a position to prevent all potential criminal acts. I would recommend privately consulting with an attorney so that you can determine some of the following key issues: what the property owner/manager's specific duty might have been; whether the property owner/manager failed to live up to that duty; and whether those failures directly caused the danger.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.