I was assaulted in the parking lot at my apartment. Can I make a claim against my landlord? There are many factors in proving a negligent security claim, especially since every case is unique. Consider visiting with an experienced negligent security attorney to learn all your legal options. If you need help with a legal claim for damages after an attack at your apartment, contact Edwards Injury Law.
When you are a tenant in a rental home or apartment complex, you have every right to expect a certain level of security and safety. Therefore, if you suffered injuries in an attack on the premises, you could have the right to pursue compensation in an injury claim against your landlord. Legal negligence occurs if the landlord knew or should have known the potential for danger or criminal acts in the area in which you live. Regardless of this fact, they failed to act despite reasonable foreseeability of an assault, and you suffered injuries and losses.
The Basics of Premises Liability
Certain elements must be present for a successful premises liability claim, such as inadequate security. If the components of negligence are not present, there is no potential claim to recover compensation for damages.
Establish the Property Owner Invited the Visitor onto the Property
A tenant in a premises liability claim would meet this requirement. They would be in a group that civil law considers invitees because they pay for services from the landlord. The category that the landlord owes the highest level of duty of care.
Whether the Attack was Foreseeable
Foreseeability can be the most challenging component to establish. However, previous attacks in the area would be significant evidence to meet this requirement.
Did the Property Owner Make Reasonable Efforts to Keep Tenants and Guests Safe while on the Premises?
If the attack occurred in an area with a history of criminal activity and the landlord did not provide adequate security, they did not make a reasonable effort. Security could mean cameras, additional lighting, or, in some cases, security guards.
When all the elements to prove the landlord is liable are present, the injured party will likely have the potential for a successful civil claim. The courts may also be likely to hold the landlord accountable if there are precautions available at a reasonable price they could take to eliminate the potential of injuries and damages. For example, if providing a bright light in a dark portion of the premises could have prevented the attack, the court may hold a premises owner civilly liable. If the court finds the negligence outweighs the risk of harm, there is a chance the victim will have a successful injury claim.
How Do I Know if My Landlord Provided Adequate Security to Prevent a Crime?
According to Legal Aid of North Carolina, the tenant’s landlord has a legal duty to keep the property and housing fit and safe condition. When an occupant sustains injuries because the landlord failed to provide the legal responsibility, they could have cause for a civil claim for damages. When any other reasonable person would have foreseen the potential for an assault or other criminal acts, the landlord must do their part to provide appropriate protection, including security measures, to prevent the attacks.
If the landlord has no history of illegal activity or reason to believe the area could be dangerous, the tenant cannot hold them legally accountable. The best way to find this information is by searching crime in the area. A knowledgeable personal injury lawyer at Edwards Injury Law can complete adequate searches to make these determinations for your case.
How Edwards Injury Law Can Help After an Attack on Your Rental Property
If you sustained injuries in an attack on the property where you rent your residence, you could have the legal right to recover compensation for damages. A knowledgeable lawyer at Edwards Injury Law will take the necessary steps to thoroughly investigate and determine if there is the potential for damage recovery. If you need help to recover compensation for damages after suffering an attack on the premises of the property you rent, contact us to schedule a consultation. When you begin preparing and building a solid claim for damages as soon after the attack as possible, you have the best potential for a positive outcome.