Apartment Complex Attacks and Landlord Liability

What Constitutes Premises Liability and Negligent Security?

If you’re attacked in your New York or Miami apartment, legally, this act may fall under either state’s premises liability laws. These laws provide a legal framework that may allow you to hold your landlord responsible for your injuries if they happened on their property, and they were negligent in their security, etc.

One of the paramount aspects of premises liability is negligent security. Negligent security is when a property owner fails to take all the reasonable steps to prevent criminal acts and ensure that you are safe in your apartment or on the premises.

According to New York and Florida law, all landlords must provide their tenants with reasonably safe premises.

Just a few of the things the landlord must do to ensure your safety are:

• Maintain proper lighting in and around the parking lots, hallways, common areas, etc.
• Ensuring all security gates, locks, and video surveillance systems are fully functional.
• Employ trained security personnel if needed.
• Respond rapidly to any known criminal activity in your area.
• Conduct complete background checks on employees, vendors who may be on the property, and much more.

Although premises liability laws are legally complex, if your landlord neglects these duties and you, as a tenant (or guest), are attacked due to these poor conditions, the landlord may be liable under negligent security laws.

However, this legal process is not always straightforward, and you and your skilled negligent security lawyer must prove that:

• The dangerous conditions existed, such as a broken lock, poor lighting, etc.
• The landlord knew about this risk or should have known.
• The landlord ignored or failed to fix the issue promptly.
• This attack wouldn’t have occurred had the security been adequate, and it was foreseeable and preventable.

So, if you rent in Miami or New York, although both states have nuances when applying these legal principles, your experienced, knowledgeable, and empathetic negligent security lawyer will know precisely how to present your case in the best way possible.

Some Facts Concerning Landlord Liability for Attacks on Miami Tenants.

The laws in Florida are reasonably clear. Landlords can be held liable for injuries or attacks on their property if they don’t institute reasonable steps to ensure their tenants’ safety. These laws include numerous situations where a landlord’s abject negligence creates a rational and foreseeable risk of harm to their tenants, especially regarding inadequate security measures. 

Let’s say your landlord’s actions (or failure to act) directly contribute to your attack. Under Florida law, they may be held responsible for monetary and other damages. 

Miami adheres to general premises liability principles, which hold landlords accountable for criminal attacks if they fail to provide adequate security. Florida courts are vehement about these issues and will consider whether the attack was foreseeable and whether reasonable security steps could have prevented it.

As an example, suppose you live in an apartment complex located in an area with a history of assaults or break-ins. Your landlord must heed these warnings and take precautions such as installing security cameras, employing security guards, etc.

Suppose a landlord ignores these repeated crime incidents in your area or disregards tenant complaints about broken gate locks, poor lighting, etc. In that case, you and your tenacious negligent security lawyer will fight to have the landlord found negligent by the Florida courts.

In numerous Miami assault cases, the courts have ruled in favor of the tenant if the landlord didn’t repair broken fences, ignored security recommendations, or provided no security response to escalating criminal activity in the area.

However, as stated, these cases can be legally complex, and you, as the victim, must act quickly. Florida’s statute of limitations for premises liability claims is generally four years from the date of the incident; evidence can disappear fast, so the wise and prudent thing to do is to consult a competent, passionate, negligent security lawyer as soon as possible.

How does Landlord Liability for Attacks Work in New York?

Additionally, New York’s premises liability legislation holds landlords accountable for any injuries you sustain caused by preventable and foreseeable criminal acts. The New York courts ask similar questions and investigate much like the Miami court: Was the attack foreseeable, and did your landlord fail to take reasonable steps to protect you and your guests?

Additionally, the New York Housing Maintenance Code requires landlords of multi-family dwellings to maintain concrete safety measures. These include adequate lighting, secure entrance doors, functioning locks, surveillance cameras, etc.

Suppose your New York landlord ignores these necessities, and you are attacked in a common area like a lobby, stairwell, or parking lot. In that case, your well-versed premises liability lawyer will work to show that the landlord is liable.

It is also not uncommon for New York courts to examine the history of criminal activity in and near your building. In some instances, if there have been no prior incidents of assault or burglary, the court could view your landlord’s failure to act as negligent.

Also, if tenants repeatedly complain about broken intercom systems, unlocked or unsecured doors, malfunctioning security cameras, etc., and the landlord fails to act, it will help your lawyer mount a solid case of negligent security, and you could receive damages.

You should also note that time is not on your side. In New York, if you’re a victim of an attack and must file a premises liability lawsuit, you must do it within three years of your incident.

It’s typically true, in Miami and New York, if you’re a victim of an attack in or around your apartment, many times the law is on your side.

These cases are commonly difficult to navigate legally, and it’s critical to gather evidence such as police reports, eyewitness statements, photos of non-functioning locks, poor lighting, maintenance records, and more. Your skilled, passionate, and thorough negligent security lawyer will help you collect and preserve this evidence, and their help in mounting a strategic and sound premises liability lawsuit will be invaluable.

What Should I Do If I’m Attacked in My Building, and How Can a Lawyer Help Me?

If you’re a victim of an apartment complex attack, many times you feel alone and powerless; however, you have rights and legal options.

If a relative or you has been attacked in your apartment complex in Miami or New York, there are some immediate steps you must take. Some examples of these are:

• Immediately report the attack to the police and always secure a copy of the official police report.
• Seek medical attention immediately, and keep your treatment records.
• Always attempt to document the scene. Take photos or videos of broken glass, doors, locks, gates, poor lighting, and whatever may document your case.
• Notify the landlord in writing about your attack.
• Gather as much eyewitness information as possible and determine whether they know about prior security problems.
• Consult with an experienced premises liability lawyer as soon as possible.

Be aware: The law may be on your side, but to move forward properly, you need the help of a well-versed premises liability lawyer. Legal experience is paramount to strategically mounting a winning premises liability case, and your law team will know precisely how to proceed.

They will investigate your case, gather evidence, interview witnesses, and even consult with security experts if needed. If your landlord is found negligent, you may be entitled to compensation, allowing you to recover and move forward successfully.

I’ve Been Attacked in My Apartment Complex; How Should I Proceed?

If you, a relative, or a loved one has been attacked in an apartment complex in Miami or New York, never attempt to face this daunting legal challenge alone. An experienced premises liability lawyer will help you fully understand your rights, build a strong and strategic case, and fight tirelessly for the compensation you deserve.

The premises liability and negligent security lawyers at Linton Robinson & Higgins LLP have a deep and passionate understanding of how traumatic and confusing these cases can be. These tenacious, diligent, and empathetic lawyers work closely with their clients on a one-to-one basis and will always fight for the rights and compensation you need and deserve.

Call them today in New York City at 332-241-9036 or Miami at 786-882-7316 for a free case evaluation, and they will compassionately and diligently present your case and hold landlords accountable, while obtaining the compensation you deserve to move on with your life.