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Can Apartment Complexes Be Sued for Crimes on Their Property?

Holding Negligent Apartment Complexes Liable for Criminal Acts

Homeowners can take precautions to keep their homes safe by adding extra locks, outdoor lighting, and surveillance cameras. Apartment renters would appreciate the same levels of security, but they depend on the owners of their apartment complexes to provide those safety measures.

Yes, apartment complexes in New Jersey can be sued for crimes on their property under premises liability claims. Although criminal prosecution may be involved in the apartment crime, a premises liability claim would be filed against the apartment complex owner, manager, or landlord.

In fact, there could be multiple entities named in the claim. That is why retaining the services of an experienced Philadelphia crime victim lawyer is crucial.

Your attorney will be in the best position to provide you with a thorough understanding of all your options and challenges with pursuing this type of claim.

Can Apartment Complexes Be Sued for Crimes on Their Property?

Understanding Negligent Security and Landlord Responsibility

Identifying the specific at-fault party is challenging in a premises liability claim because there is often a tendency to point blame at others. The apartment complex owner might blame the management company they hired to maintain their property. The management company might blame the on-site manager.

That manager might try to shift the blame to the actual victim of the crime under the guise of “they should have known better.”

The fact remains that in these incidents, it is never the victim’s fault.

If an apartment complex promises security at any level, they have a legal obligation to keep those security measures in good working order. This responsibility applies to the complex’s common areas, including parking lots and garages, hallways, stairwells, lobbies, laundry rooms, storage areas, and any entrances.

When Is a Crime Considered Foreseeable by Property Owners?

One of the key elements in a premises liability claim is foreseeability on the part of the property owner. For example, during a snowstorm, the property owner will know that pavements and walkways can become slippery or frozen.

They’ll need to take precautions to prevent falls.

There is also foreseeability in crime. These are the factors a property owner needs to take into account:

Prior Similar Incidents

Has there been a history of similar crimes on the premises or in the immediate area? That would be a strong indicator that there is a need for security protections.

High-Crime Location

If the property is situated in an area known for high crime, that would suggest the need for increased security.

Actual Knowledge

If the owner was made aware of specific threats or ongoing illegal activity, such as drug dealing, and failed to act, that would constitute negligence.

Lack of Basic Security

Foreseeability begins with the fundamentals of basic safety measures, such as strong locks on all entry points into the complex, lighting in hallways, and parking areas.

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Proving Liability After a Violent Crime or Assault

In order to prevail in a premises liability claim involving a violent crime or assault, you and your attorney have to establish that the landlord or management company was negligent.

That begins by establishing the duty of care those parties had to keep their tenants safe.

When they fail in those duties, such as failing to fix a broken lock on a door, it can be deemed a negligent act.

There is also the issue of foreseeability that you need to establish. That means establishing that the landlord knew, or should have known, of the potential risk but did nothing to provide security for the tenants.

Finally, you have to prove causation, which is the link from the negligent act to your injuries. For example, if an assailant was able to walk into the complex because the front door lock was broken and they assaulted you, that would be causation.

In order to prove those elements, you and your attorney can collect the following types of evidence:

  • Prior incident reports of past robberies or assaults in the complex or immediate vicinity.
  • Photos and videos of security failures, such as broken cameras, broken front-door locks, or malfunctioning security gates.
  • Witness statements.
  • Written maintenance requests that were ignored by management.

The Role of a Crime Victim Lawyer in Civil Litigation

As the victim of a crime, you might be overwhelmed with a sense of hopelessness and frustration. Those justified feelings can be compounded when you discover that the crime could have been prevented had the property owner responded. Although that might become clear to you, proving it will be a challenge.

That’s where the legal team from Laffey Bucci D’Andrea Reich & Ryan can make a difference.

We have proudly served as fierce advocates for crime victims, pursuing justice and accountability. Our investigative teams are able to gather the strongest evidence in support of your claim. We’ll identify all the at-fault parties and will pursue the maximum compensation you’re entitled to as a remedy for what happened to you.

Crime victims have rights, and our firm is dedicated to upholding those rights.

Call to arrange a consultation with our attorneys today. We’re ready to provide you with the guidance you need to move forward.

Learn About Who We Fight For

Victim’s of crime oftentimes do not realize that justice can be sought on both the criminal and civil side of the law. As former prosecutors we have the background, experience and knowledge to walk our clients through the criminal process, while at the same time representing them in a civil case.

Examples of cases include assaults in apartment complexes, negligent security cases, assaults at bars and nightclubs, physical abuse in schools, offices and day care centers, to name a few.

If you’ve been a victim of crime, we’re here to listen and advise. Schedule a free consultation today.

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