Have you sustained serious injuries as the result of being attacked in your apartment during a break-in? Do you feel this happened because of inadequate security? If so, you are probably wondering whether or not your landlord can be held liable for your injuries. This article will give you a better understanding of premises liability and the responsibility of your landlord.
Responsibility of Your Landlord
When you are renting an apartment, your landlord is responsible for taking reasonable measures to keep you and other tenants safe. This is known as “duty of care.”
If your landlord neglects to take the appropriate steps to ensure your safety, they may be guilty of negligence. Negligence occurs when a party violates their legal obligation to ensure the safety of others, and this violation results in an injury.
In this particular situation, the landlord is responsible for providing security to keep the tenants safe. If they refused to hire security, then you may be entitled to compensation. This is especially true if there were previous reports of crime and violent attacks on the premises.
Of course, your landlord is not responsible for ensuring your safety from threats that are not foreseeable. Foreseeability means that the landlord should have been able to see the event coming and taken steps to prevent it.
Here’s an example. If, instead of being attacked by a burglar, you were attacked by a horde of angry elves from the North Pole, you probably won’t be able to mount a successful lawsuit against your landlord. They could not have reasonably foreseen a killer elf attack.
Responsibility of the Injured Party
One of the factors that is considered in a premises liability case is also your responsibility. If you behaved in a way that was reckless, and you were injured as a result, you will not have a valid case. The landlord is not responsible for protecting you from yourself.
Here’s an example. If you decided to pick a fistfight with one of the other tenants and were injured in the brawl, it’s not likely that you will be able to hold your landlord responsible.
If you were the victim of a violent crime in your apartment complex, your landlord may share some of the responsibility for your injuries. Especially if they had a good reason to believe that a violent crime could occur on the premises. Contact Wrysch Hobbs & Mirakian today to find out what your rights are.