Gated communities offer an increased level of safety and security from
criminal activities. However, if a tenant is assaulted by an intruder,
who may be held liable? Legislation has increasingly held landlords responsible
for criminal activities occurring in gated housing communities, but there
are several important factors to consider.
Here’s what you need to do to hold your landlord responsible for
You must prove the landlord acted negligently. When pursing a lawsuit against your landlord for injuries you suffered
from an intruder, you must show that your landlord acted negligently.
This involves showing that he or she owed you a duty of care and failed
to provide the level of care to protect you. For example, if your landlord
is informed that a gate has broken and negligently fails to fix it, allowing
an intruder to enter and assault you, he or she may be held liable for
your injuries. Gates and locks must be properly maintained and in adequate
working condition. If your landlord fails to provide this maintenance
and hinders your safety, you can pursue compensation.
You must prove that the landlord’s negligence was the “proximate
cause” of the assault. In order to hold your landlord liable, you must prove that the negligence
contributed significantly to the assault. For example, if the landlord
failed to fix a broken gate, which allowed the intruder to enter and assault
you, this shows a causation factor that enables you to seek compensation.
You must show that the landlord’s act of negligence was a substantial
factor in causing your injuries.
How to Pursue Compensation from a Landlord
If you have been injured by a criminal act in a gated community, you can
file a lawsuit against your landlord for negligence. However, proving
negligence and causation can be tricky. The court may throw out a claim
that does not provide enough evidence that the landlord acted negligently,
and that the actions directly led to your injuries. You must use evidence,
such as witness testimonies, security camera footage, photos, and other
documentation, to prove the negligence and liability of the landlord.
Call Our D.C. Personal Injury Attorneys Today at (202) 888-0872
At Simeone & Miller, LLP, we are committed to providing tenacious representation
to injured victims. Landlords have a responsibility to provide adequate
safety measures to ensure your comfort and security as a tenant. If your
landlord acted negligently and allowed an intruder to enter the gated
community and assault you, we can investigate the situation and work to
build your case.
Contact our firm
today for a free consultation. We also offer Spanish-speaking services
for your convenience.