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Why Your Broken Window May Be Relevant to Your Negligent Security Claim

Your parents had concerns about your living in a ground floor apartment. “What would happen,” they asked, “if someone broke the window and robbed you?”

“You worry too much,” you responded. “I’ll be just fine. I know how to take care of myself.”

But What Happened to You Was Far Worse Than a Robbery

You do know how to take care of yourself. You made sure that your door was locked and that your windows were closed and locked every night before you went to bed. However, there was this one window that had been broken for a while and that the landlord promised would be fixed soon.

Before the landlord got around to fixing that window, someone from the outside realized that it was broken and got into your apartment, while you were home, and attacked you. You were left with significant injuries.

And It May Have Been Partly Your Landlord’s Fault

Your landlord received notice that your ground floor window was broken. He had a duty to provide you with reasonable security, and by failing to fix the window so that it locked and kept out intruders, he failed to provide that security.

Accordingly, you could have a negligent security claim against your landlord and you could recover damages for the serious injuries that you suffered because of the attack.

Pursuing a negligent security claim in no way lets the person who attacked you off the hook. He still committed a crime and he is still legally responsible for your injuries. However, the insurance carried by your landlord may allow you to recover for what has happened to you and make your recovery easier.


Jason F. Abraham
Managing Partner, Hupy and Abraham
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