Q: Assaulted by worker; unsafe & want to file lawsuit on budget in NM.
I am a senior citizen and was recently assaulted by a maintenance worker at my apartment complex. He pleaded guilty in court, received probation, and was ordered to stay away from me, only working on one side of the complex. Despite this, he continues to work here because his girlfriend is the manager. I feel unsafe, and I believe many other residents also feel uncomfortable due to his presence. I would like to file a lawsuit but am on a tight budget. What steps can I take to protect myself legally and hold the apartment accountable, considering my financial constraints?
A:
I am sorry that you are going through this. It is very disappointing that this apartment complex that you pay money for is unwilling to keep you and your neighbors safe.
This man would be liable for an intentional tort by assaulting you. It appears it was already proven because he admitted guilt through a plea agreement. A further issue would be whether the apartment complex can be liable for his attack on you and their continuing employment of him? Very possibly, yes. An employer can be held liable for the acts of his or her employee if the person is at the time generally working in the scope of employment. There may be a theory of negligent hiring. After harming you, possibly also a theory of intentionally inflicting harm on you. There are many legal details to look at and the specific facts are very important. I would be happy to speak with you about this case. Many lawyers, including myself, offer free consultations. In many cases like yours, the fee would be based on a contingency agreement. This means that the lawyer would get paid if, but only if, he or she was successful in the lawsuit or negotiation in receiving a judgment or settlement; the payment would come out as a portion of that winning. Best wishes to you and be safe. I advise calling the police and or the probation department if there is additional indications of violence or harassment.
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