Who is liable for my injuries if I was assaulted in my apartment building? 38 Answers as of July 03, 2013

I was assaulted by four individuals in the hall of my apartment building. I received treatment at the hospital for facial lacerations. The building has a policy to sign all guests into the building. None of these guys were signed in. The building has security, but no guard was present. Cameras are mounted in the hallways but were not turned on at the time according to an employee. My face looked like it got hit by a truck. I have pictures of my face from the following day. Do I have a lawsuit against the company who owns the building or the four guys who jumped me?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
Timothy Jones, Attorney at Law
Timothy Jones, Attorney at Law | Timothy Jones
Perhaps both. You certainly have a claim against those who assaulted you. You may also have a claim against the owners. The strength of your claim will depend upon the facts leading up to your assault. Given the extensive security measures in place I suspect you were not the first to encounter problems at this complex.
Answer Applies to: Oregon
Replied: 7/22/2011
Theodore W. Robinson, P.C.
Theodore W. Robinson, P.C. | Theodore W. Robinson
I believe you do. Consult with a personal injury attorney and retain them immediately. Good luck.
Answer Applies to: New York
Replied: 7/19/2011
Lacy Fields, Attorney at Law, LLC
Lacy Fields, Attorney at Law, LLC | Lacy Fields
Perhaps. If security is supposed to be in place such that you have an expectation of security, then it's probably a good case. You would file against the property owner who would then turn in the claim to his/her insurance company. Whenever you file a case like this the jury will always be asked to determine if there was some amount of "comparative fault" on your part. The comparative fault may be very small (i.e. you should have run away), or could be very large (i.e. you antagonized them and started the fight). The amount of comparative fault will depend on the specific facts of the case.
Answer Applies to: Missouri
Replied: 7/18/2011
Idiart Law Group
Idiart Law Group | Justin Idiart
Your primary claim is against the four who assaulted you. But you should also make a claim against the management of the property for failure to provide safe residence. If you want help, please contact me for a free consultation.
Answer Applies to: Oregon
Replied: 7/15/2011
Goolsby Law Office
Goolsby Law Office | Richard Goolsby
>We are personal injury lawyers in Augusta, Georgia. We recommend that you consult with a personal injury attorney in your area concerning all your rights and options, after carefully discussing all the facts. Good luck!
Answer Applies to: Georgia
Replied: 7/15/2011
    Kelaher Law Offices, P.A.
    Kelaher Law Offices, P.A. | James P Kelaher
    If you know who assaulted you, you can always sue them, but you'll probably get no money. You can try to go after the apartment complex for negligent security if they weren't doing what they were supposed to be doing as you stated, so I would suggest consulting with an attorney who holds himself or herself out as one who handles negligent security cases.
    Answer Applies to: Florida
    Replied: 7/15/2011
    Law Office of Jared Altman
    Law Office of Jared Altman | Jared Altman
    Yes. You may have a lawsuit over the lapse in security. But, how bad were your injuries. A couple of scratches is not worth suing over. Did you receive stitches? How many and where?
    Answer Applies to: New York
    Replied: 7/15/2011
    Kline Law Offices P.C.
    Kline Law Offices P.C. | Robert C. Kline Jr.
    You can pursue claims against both the property owner and/or manager, and the four individuals that assaulted you. Of course, you need to be able to identify the four individuals and you also need to determine whether they have any assets to pay any money judgment that you obtain.
    Answer Applies to: Oregon
    Replied: 7/15/2011
    Van Sant & Slover LLC
    Van Sant & Slover LLC | David Van Sant
    You may have a claim for negligent security against the apartment complex. There would need to be a very fact specific inquiry before one could determine if the apartment complex was negligent. You should consult with a lawyer asap.
    Answer Applies to: Georgia
    Replied: 7/15/2011
    Law Offices of Earl K. Straight
    Law Offices of Earl K. Straight | Earl K. Straight
    You clearly have a claim against the four guys who assaulted you, and you may have a claim against the apartment complex for negligent security. The fact that the complex had security but wasnt properly deploying it at the time, security guard not present, camera turned off, should bolster your claim against the complex.
    Answer Applies to: Texas
    Replied: 7/15/2011
    Wilson & Hajek, LLC
    Wilson & Hajek, LLC | Eddie W. Wilson
    Your suit should be against the building owner and/or management company and the four guys.
    Answer Applies to: Virginia
    Replied: 7/15/2011
    Wilson & Hajek,LLC, a personal injury law firm
    Wilson & Hajek,LLC, a personal injury law firm | Francis Hajek
    Virginia law on personal injuries resulting from an assault on commercial premises such as an apartment complex is in line with national standards. One important question is whether there is a history of assaults or violence on the premises. This history is important because it puts the landlord on notice of a problem. In your case, the absence of a guard is significant if there is usually a guard in place. I also like the fact that there are security cameras but they are not working. It would seem to indicate that the landlord was aware of a problem and took steps to address it, but then dropped the ball. Another factor that may come into play is the amount of damages in your case. Have you been to a doctor and is any further treatment required? Unless there are some significant damages, it may be a case that is easily denied by the defendant.
    Answer Applies to: Virginia
    Replied: 7/15/2011
    Patrick M Lamar Attorney
    Patrick M Lamar Attorney | Patrick M Lamar
    The criminal acts of third parties are generally not considered to be "foreseeable" for tort purposes. However, where there has been a duty of security assumed by someone or presumed by the law (like a hospital for a sedated patient) you can sue the person with the responsibility for security. I would look at the apartment owner, the management company and the security service supposed to provide a guard and sign-in monitoring.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Barry Rabovsky & Associates
    Barry Rabovsky & Associates | Barry Rabovsky
    We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below. If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.
    Answer Applies to: Illinois
    Replied: 7/15/2011
    Bernard Huff, Attorney/Mediator
    Bernard Huff, Attorney/Mediator | Bernard Huff
    Retain and/or consult with a plaintiff's personal injury attorney to find out if there is liability on the part of the owner and management of the apartment.
    Answer Applies to: Indiana
    Replied: 7/15/2011
    Ferguson & Ferguson
    Ferguson & Ferguson | Randy W. Ferguson
    You would have to go after the apartment complex. If you have an questions, feel free to give me a call. 1-800-752-1998. The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of Alabama. Responses are based solely on Alabama law unless stated otherwise.
    Answer Applies to: Alabama
    Replied: 7/15/2011
    Ramunno & Ramunno, P.A.
    Ramunno & Ramunno, P.A. | Lawrence A. Ramunno
    You have a claim against the 4 guys who assaulted you. As to the landlord, it will be a difficult claim to prove, but you should discuss with a lawyer who handles these types of cases.
    Answer Applies to: Delaware
    Replied: 7/15/2011
    Paul Whitfield and Associates P.A.
    Paul Whitfield and Associates P.A. | Paul L. Whitfield
    You can obviously sue the 4 who assaulted you, but if you win a judgment can you collect anything? The question whether there was adequate security and whether security could have stopped an assault is complicated. Must consider the crime rate in the area, the need for security, whether security was adequate for the perceived need and how the assault took place.. Could the best security have stopped the assault?
    Answer Applies to: North Carolina
    Replied: 7/15/2011
    Cody and Gonillo, LLP
    Cody and Gonillo, LLP | Christine Gonilla
    you may have against both The information contained in this email may be confidential and/or legally privileged. It has been sent for the sole use of the intended recipient(s). If the reader of this message is not an intended recipient, you are hereby notified that any unauthorized review, use, disclosure, dissemination, distribution, or copying of this communication, or any of its contents, is strictly prohibited. If you have received this communication in error, please contact the sender by reply email and destroy all copies of the original message. Thank you for your anticipated cooperation.
    Answer Applies to: Connecticut
    Replied: 7/15/2011
    David B. Sacks, P.A.
    David B. Sacks, P.A. | David Sacks
    You have a lawsuit, potentially, against the company that owns the building if you can show that they had reason to know that security was necessary to keep the building safe. You definitely have claims against the guys who jumped you but you would probably never recover any money from them unless they were wealthy.
    Answer Applies to: Florida
    Replied: 7/15/2011
    Law Office of Ronald Arthur Lowry
    Law Office of Ronald Arthur Lowry | Ronald Arthur Lowry
    Both.
    Answer Applies to: Georgia
    Replied: 7/15/2011
    Kirshner & Groff
    Kirshner & Groff | Richard M. Kirshner
    Definitely against the four guys. Doubt if they have money to collect. Probably better off going after the owner of the building.
    Answer Applies to: Florida
    Replied: 7/15/2011
    ROWE LAW FIRM
    ROWE LAW FIRM | Jeffrey S. Wittenbrink
    There is a good chance that the apartment owners may have some liability based on the facts you have stated. It appears that you have an expectation of security because of the apartment policies that were not followed, and received damages due to the very occurrence that security was meant to guard against. You should consult with an attorney right away.
    Answer Applies to: Louisiana
    Replied: 7/15/2011
    LT Pepper Law
    LT Pepper Law | Luke T. Pepper
    Since they provided security and it was not adequate, there may be a case here. The apartment building should have staffed it appropriately. We have handled cases like this in the past and can help.
    Answer Applies to: Pennsylvania
    Replied: 7/15/2011
    Lyle B. Masnikoff and Associates
    Lyle B. Masnikoff and Associates | Lyle B. Masnikoff
    Maybe. Depends on if there are been problem there before or just random act.
    Answer Applies to: Florida
    Replied: 7/3/2013
    The Law Office of Harry E. Hudson, Jr.
    The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
    Could have a law suit against all. See a local PI attorney.
    Answer Applies to: California
    Replied: 7/15/2011
    The Law Office of Josh Lamborn, P.C.
    The Law Office of Josh Lamborn, P.C. | Josh Lamborn
    All of the facts you recite are important in building a case against the owner. However, a large part of your case will depend on why these people assaulted you in the fist place. Was it random or did you do something to incite them? If you can show that you are an innocent victim and that the building owner reasonably should have prevented the attack, then you have a case.
    Answer Applies to: Oregon
    Replied: 7/15/2011
    Magnuson Lowell P.S.
    Magnuson Lowell P.S. | Richard S. Lowell
    Probably both. The case against the assailants is relatively straightforward; although you would have to prove who they are and what they did to you. If you get past that, and get a judgment; it may be difficult to collect anything. My suspicion is that these 4 individuals have no money. Did you call the police? The claim against the apartment building is a bit more complex; but is strengthened by the facts you've presented (i.e., no guard although one should have been there; cameras 'off;' no sign in despite policy for sign in, etc.). And of course, a successful claim is likely easier to collect. It seems probable that the landlord would have insurance for such claims.
    Answer Applies to: Washington
    Replied: 7/15/2011
    Law Office of Mark J. Leonardo
    Law Office of Mark J. Leonardo | Mark Leonardo
    You clearly have a battery claim against the 4 guys that jumped you. You may have a claim against the building owner depending on a variety of factors. Some of the facts you mention are in your favor; but you may have to show that there were prior crimes in the area which were known to the owner and the owner failed to take adequate precautions. You should retain an attorney to over the facts in detail and to review the case law that deals with cases of this nature.
    Answer Applies to: California
    Replied: 7/15/2011
    Allen Murphy Law
    Allen Murphy Law | W. Riley Allen
    Yes, possibly against both, for lack of security and failing to have the guys sign in and definitely directly against each of the men for assault and battery.
    Answer Applies to: Florida
    Replied: 7/15/2011
    Ewusiak & Roberts, P.A.
    Ewusiak & Roberts, P.A. | Christopher J. Roberts
    You certainly have a claim against the four guys who jumped you if you know their identity. It sounds like you also have a case against the building owner. Apartment owners are not insurers of their tenants, but they are required to take reasonable precautions to protect them from foreseeable criminal activity. History of criminal activity in the area and/or in the building itself can establish the need for particular security measures, the complexity of which is largely dependent on the need in the area. If an area has a history of crime, the building owner has a higher duty. The fact that your building had the security measures you describe tells me they knew they needed fairly good security to keep you all safe. Their failure to follow their own procedures and to use the cameras was probably negligent. You should consult with a personal injury attorney in your area. Most will give you a free initial consultation to discuss your case. Good luck.
    Answer Applies to: Florida
    Replied: 2/20/2012
    Klisz Law Office, PLLC
    Klisz Law Office, PLLC | Timothy J. Klisz
    You would certainly have a case against the individuals, assuming they get convicted of assault.
    Answer Applies to: Michigan
    Replied: 7/15/2011
    Vincent J. Bernabei LLC
    Vincent J. Bernabei LLC | Vincent J. Bernabei
    You have a claim against the 4 assailants and a claim against the building owner and the security company. You should immediately alert the security company in writing that any recording of the incident should be preserved.
    Answer Applies to: Oregon
    Replied: 7/15/2011
Click to View More Answers:
12 3 4 5 6 Free Legal QuestionsConnect with a local attorney