Can I sue the apartment complex for personal injury if my son was attacked? 22 Answers as of February 21, 2012

You would need to show that the complex had notice of that danger or a similar danger, and failed to act before liability attached. Stay well.

Possibly. An important fact is whether the apartment complex knew or should have known of criminal activity and/or unsafe conditions upon their premises. You may have a case, but more facts are to be known before a legal opinion can be rendered. I would strongly encourage you to meet with a personal injury attorney to discuss your case.

Most likely not, but it depends on the circumstances. If they have had problems in the past and were on notice that they needed security or said they would provide security, then maybe there may be an argument. However, generally speaking the apartment complex does not have a duty to provide security for you.

You should consult with a PI attorney in your area who has handled such a claim.

Maybe. Need many more facts to establish complex's duty of care. Residence alone does not impose a duty of care.

In a case like yours the Apartment complex is usually liable if the persons who committed the assault did not belong in the building because they didn't live there and gained access because of a problem with security such as a broken lock. There must also have been a history of violence in the area that the landlord should have been aware of. You should definitely consult with an attorney. I can help you find one anywhere in the Country if you are unable to. I am only admitted to practice in New York State and cannot practice law in any other State. Please note the following necessary legal disclaimer: I have not given legal advice. I only give legal advice to my clients. I am not acting as your attorney. I have not agreed to represent you. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. All claims have time limits. In general they are under New York Law: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights!

It is difficult to hold an apartment complex liable for intentional violent acts of others. There have been cases where an apartment complex has been held liable for having inadequate security. In most cases, it is where the locks are inadequate and the tenant is a victim of a home invasion that would not have occurred had there been adequate locks. There are cases where apartments provide security, and are held liable because security did not do its job and allowed an attack to occurred. However, generally, there is no duty to provide security, or to screen visitors. Each case is different the facts of your specific case are important. Some important factors are: Did the complex provide security that failed to do its job, was the apartment on notice that it is located in a violent neighborhood which might give rise to a duty to provide security. If your son's injuries are not permanent, it is probably a case that most attorneys would decline. If your son has serious permanent injuries, it is worth an attorney looking into. If any of the individuals in the attack are minors who have parents who on property, the parents can be held liable up to $5,000.00 (in South Carolina). If they do not own property, it will be hard to collect a judgment..

In order to hold the apartment complex liable there would have to have been prior criminal activity at the apartment, made known to the landlord, and the landlord failed to take adequate precautions. Your better claim is to sue the kids that beat up your son and their parents. They are liable to a certain extent, by statute, for the actions of their minor child.

You should contact and consult with an attorney who specializes in landlord/tenant matters. Also, the state and local agencies which regulate the requirements and maintenance of apartments in your City would be appropriate contacts to make to find out if your specific apartment violated any ordinances by not having proper security.

It depends on the layout of the property and whether the property provided security to the residents. If there was security in place and they let these people in without permission or their security was inadequate then there might be a case. There is definitely something worthwhile here to discuss with a lawyer.