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 your injuries:
- 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.
Contact Us Today
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.