Everyone deserves a right to feel safe in their home, and if you are the victim of a crime on the premises of a rented apartment or condo, your apartment security may be liable for apartment security negligence. The owner of the complex has a legal responsibility to provide a certain level of security and when those duties are not upheld, and the tenants suffer the consequences, they can be sued. So how do you prove apartment security negligence?
When Is An Apartment Or Condo Complex Liable For Negligent Security?
Landlords are required under law to upkeep their properties and uphold reasonable measures of safety for the residents who live there. This can involve everything from working locks to on-site security guards. It’s when an apartment or condominium complex fails to live up to those obligations that a lawsuit may be the best course of action for the victims.
If you happen to be mugged or the victim of some other violent crime at your apartment or condo, the first thing a legal security negligence team will look for is that reasonable measures were neglected.
These “reasonable measures” could be:
- A history of criminal activity around the apartment complex
- Neglected security measures such as non-working gates, burned-out street lights, or non-functioning security cameras
- A lack of sufficient security personnel on the property
- A lack of efforts to improve complex security
- A violation of state or city apartment/condo security and safety codes
- Property managers who knew of security/safety threats, yet failed to inform tenants
These are merely a few of the reasonable measures that attorneys handling negligent security cases look for. If a lawsuit is successful, the owner of the complex may be required to pay damages to the victim covering:
- Medical expenses and doctor’s bills
- Loss of wages
- Pain and emotional suffering
Proving Negligent Security
Before victims receive any financial compensation, however, negligent security on part of the apartment or condo must be proven. Simply receiving an injury on the premises does not warrant a claim of security negligence.
In order to have a strong case, the plaintiff will have to provide evidence that the owner/landlord failed or neglected to take adequate measures to provide reasonable security – such as the examples above. Proving this foreseeable risk along with evidence that the plaintiff sustained actual injury or harm, is the key to winning a negligent security case in Texas.
For example, while being assaulted in the parking lot of your apartment is understandably a horrible and traumatic thing, that alone may not be enough to win the case. The victim’s legal team will need to also prove security shortcomings, such as a history of criminal activity in the parking lot or failing to provide adequate safety measures like proper lighting or security fences. Attorneys will also need to be able to prove the cost of the plaintiff’s damages in order to present their settlement, should the complex’s owner be found liable.
Negligent security cases are unique and no two cases are exactly alike. That’s why it’s important you reach out to a legal team with experience if you feel that you were the victim of inadequate security at your apartment.
