Phoenix, AZ asked in Criminal Law and Personal Injury for Arizona

Q: Can an assault victim sue the apartment complex for having fake security cameras? How about sueing the suspect?

I was assaulted in my apartment complex parking lot by a neighbor. Im a disabled veteran and i was helpless. He was beating me up for 5 minutes and the whole time im thinking that everything is getting recorded on 4 to 5 cameras that were around us. But police officers were familiar with this apartment and they said the cameras are not working here. Suspect lives in the same building as i do and police has not done anything yet after a month because he ran away only the same day when i called the police.. Can i get an order of protection to make him leave and stay away from me? Can i sue the apartment complex for fake security cameras? Why is it that the attornies dont see money on this case to sue the suspect to pay for my injuries so i can visit a doctor?

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1 Lawyer Answer
Freddy Saavedra
Freddy Saavedra
  • Phoenix, AZ
  • Licensed in Arizona

A: Sorry to read about the issues you are going through. I am a service connected disabled veteran and I empathize with your frustrations. In terms of your questions I will try to address them one at a time.

You may be able to obtain an order or protection against the assailant but I am not sure you can make him leave the complex. You may be able to go online and file the order of protection yourself. You may otherwise hire an attorney to do this for you. I believe that a criminal defense attorney may be best suited to file such a claim on your behalf. Of course this route can get expensive, especially if the allegations are disputed.

The facts presented regarding the fake cameras do not appear to give rise to a claim against the apartment complex. I do not see how you can bring a claim against them unless the fake cameras somehow led to the assault. A more likely claim could possibly be for lack of security or for direct negligence in case they knew or should have known the assailant was a danger.

While you should be able to bring a personal injury action against your assailant, there are no assurances that you will be compensated. In a personal injury claim, there is usually an insurance policy that pays for damages. In the present case, it is possible that the assailant does not have an insurance policy that would cover his liability. The assailant may be judgment proof. If that is the case you could file suit and obtain a judgment only to learn you cannot collect on said judgment. In other words it may not be possible to collect any money from the assailant.

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