A landlord may be held liable for an assault on rental property when negligent security contributed to the attack. Property owners and landlords generally have a responsibility to take reasonable measures to protect tenants and lawful visitors from foreseeable criminal activity. If a landlord knew, or reasonably should have known, about dangerous conditions or a risk of crime but failed to address inadequate locks, broken security systems, poor lighting, or other security concerns, an injured person may have grounds to pursue a claim. Whether a landlord is liable depends on the circumstances, including what the landlord knew about the danger and whether reasonable security measures could have prevented or reduced the risk of assault.
What Is Negligent Security?
When someone is assaulted at an apartment building or other rental property, the person who committed the assault is responsible for their actions. However, there are circumstances where the property owner or landlord may also bear responsibility for failing to take reasonable precautions to protect people on the premises.
This type of case is commonly referred to as a negligent security claim. Negligent security generally involves a property owner failing to provide reasonable security measures despite knowing, or having reason to know, that a dangerous condition or foreseeable risk existed.
Landlords cannot guarantee that a crime will never occur on their property. They also are not automatically responsible whenever a tenant, guest or visitor becomes the victim of a crime. Instead, liability often depends on whether the landlord acted reasonably based on the risks and circumstances surrounding the property.
For example, a landlord who repeatedly receives reports that an apartment building's exterior door does not lock but fails to repair it could potentially face liability if an unauthorized person enters through that door and assaults a tenant. The specific facts of the case, including whether the broken door contributed to the attack, would be important in determining liability.
When Could a Landlord Be Responsible for an Assault?
One of the most important questions in a negligent security case is whether the assault or criminal activity was reasonably foreseeable.
Foreseeability does not necessarily mean the landlord had to know that a particular person would commit an assault at a particular time. Instead, previous incidents, complaints or known security problems may indicate that additional precautions were necessary.
Factors that could potentially demonstrate a foreseeable security risk include:
- Previous assaults, robberies or other crimes on or near the property
- Repeated reports of unauthorized individuals entering the building
- Tenant complaints about suspicious or threatening activity
- Broken exterior doors, gates or locks
- Security cameras that are known to be damaged or nonfunctional
- Poor lighting in entrances, parking lots, stairwells or common areas
- A history of calls to law enforcement involving the property
- Management's knowledge of threats or dangerous activity
Every case is different. A history of criminal activity may strengthen an argument that a landlord should have anticipated the need for additional security, but previous crimes are not the only factor that may be considered.
Examples of Negligent Security at Rental Properties
Negligent security can take many forms depending on the property and the circumstances surrounding an assault. Some cases involve a landlord failing to install appropriate security measures, while others involve existing security features that were not properly maintained.
Broken or Inadequate Locks
Functional locks are one of the most basic security measures at an apartment building. Exterior entrances, apartment doors and other restricted areas should have appropriate locks and should be maintained when problems are reported.
If tenants repeatedly tell a landlord that an exterior door does not latch or lock and the landlord fails to fix it, unauthorized individuals may be able to enter the property more easily. If an assault later occurs, investigators may examine whether the broken lock allowed the attacker to access the building.
Poor Lighting
Lighting can also play an important role in property security. Dark parking lots, entrances, hallways and stairwells can make it more difficult for tenants to identify potential threats and may provide opportunities for criminal activity.
If a landlord knows that lights are broken or that an area presents a significant safety concern but does nothing to correct the problem, inadequate lighting could become a factor in a negligent security claim.
Broken Gates or Entry Systems
Some apartment complexes use gates, key cards, intercom systems or controlled-access doors to limit who can enter the property. When these systems are provided, landlords should take reasonable steps to keep them functioning properly.
A gate that remains open for months, an access-control system that no longer works or an exterior door that can easily be bypassed could create security concerns, particularly when management has been notified about the problem.
Inadequate Response to Known Criminal Activity
A landlord's responsibility may extend beyond maintaining physical security features. If management is aware of repeated criminal activity or serious security threats, it may be necessary to evaluate whether additional reasonable precautions should be taken.
Depending on the circumstances, those measures might include repairing access points, improving lighting, notifying tenants of known concerns or taking other appropriate security measures.
What Must Be Proven in a Negligent Security Case?
Being assaulted on rental property does not automatically mean the landlord was negligent. To successfully pursue compensation, an injured person generally must establish several important elements.
First, there must typically be a duty owed by the property owner or landlord. The extent of that duty can vary depending on state law, the person's reason for being on the property and other circumstances.
Next, the injured person must show that the landlord failed to act reasonably. This might involve demonstrating that the landlord knew about a broken lock, repeated security complaints or previous criminal activity and failed to take reasonable action.
There must also be a connection between the security failure and the assault. In other words, it is not enough to identify an unrelated maintenance problem. The evidence generally needs to show that the landlord's negligence contributed to the circumstances that allowed the assault or resulting injuries to occur.
Finally, the victim must have suffered damages as a result of the incident. These could include physical injuries, medical expenses, lost income and other losses resulting from the assault.
What Evidence Can Help Prove a Negligent Security Claim?
Negligent security cases can be complicated because they often require investigating what happened both before and during an assault. Evidence showing that a landlord knew about a dangerous condition may become particularly important.
After an incident, relevant evidence could include surveillance footage, photographs of the property, maintenance records, police reports, incident reports, emails or text messages sent to management, witness statements and previous tenant complaints.
For example, if multiple tenants had emailed management about a broken exterior lock before an assault, those communications could help establish that the landlord was aware of the security problem.
Security footage can be especially valuable, but recordings may be deleted or overwritten after a certain period of time. Maintenance records, access logs and other documentation can also become more difficult to locate as time passes. For these reasons, preserving evidence as soon as possible following an incident can be important.
What Should You Do After an Assault at an Apartment or Rental Property?
- Move to a safe location. Your immediate safety should be the priority following an assault. Contact law enforcement or emergency medical services when necessary.
- Seek medical attention. Even when injuries initially appear minor, consider seeking appropriate medical care. Treatment can address injuries that may not immediately be apparent and creates documentation of the injuries suffered in the incident.
- Document the property conditions. If it is safe to do so, take photographs or videos of conditions that may have contributed to the assault, such as a broken door, damaged lock, dark hallway, nonfunctioning gate or other security problem. Also preserve copies of any previous communications with the landlord concerning security.
- Gather witness information. Other tenants may have seen the assault, experienced similar security problems or previously complained about the same condition. Their information and statements may be valuable when investigating what happened.
Avoid disposing of relevant documents, photographs, messages or other evidence connected to the incident. An attorney can help determine what additional evidence may need to be obtained and preserved.
Can a Landlord Be Liable Even Though Someone Else Committed the Assault?
Potentially, yes.
This is one of the most important distinctions in negligent security cases. The fact that a third party intentionally committed the assault does not necessarily eliminate the possibility of a claim against a negligent property owner.
The legal questions surrounding the landlord generally focus on the landlord's own conduct. Did the landlord know about a dangerous condition? Was criminal activity foreseeable? Were reasonable security precautions available? Did the landlord fail to take those precautions? Did that failure contribute to the assault?
Consider an apartment complex where tenants have repeatedly reported that an exterior security door is broken and strangers regularly enter the building. If management leaves the door unrepaired for an extended period and an intruder later enters through it and assaults a tenant, the landlord's failure to repair the door may become a central issue.
The attacker may be directly responsible for committing the crime, while the landlord could potentially bear separate responsibility for negligent security.
Where Can Negligent Security Claims Arise?
Although apartment buildings are a common setting for negligent security claims, these cases are not limited to traditional apartment complexes.
Assaults involving alleged security failures can occur at rental homes, condominium buildings, parking structures, apartment parking lots, common hallways, elevators, stairwells, laundry rooms and other areas controlled or maintained by a landlord or property management company.
Determining responsibility can become more complicated when multiple parties are involved. A property may have an owner, management company, maintenance contractor or security company, each with different responsibilities.
An investigation may therefore be necessary to determine who controlled the area where the assault occurred and who was responsible for addressing the security condition.
What Compensation May Be Available?
An assault can leave a victim facing significant physical, financial and emotional consequences. When negligent security contributed to the incident, the victim may be able to pursue compensation from the responsible parties.
Depending on the circumstances and applicable law, damages may include medical expenses, future medical treatment, lost wages, reduced earning capacity, pain and suffering and other losses associated with the injuries.
The value of a negligent security claim depends heavily on the facts of the case, including the severity of the injuries, available evidence and the extent to which the property owner's actions or inaction contributed to the incident.
Talk to an Attorney About a Potential Negligent Security Claim
If you were assaulted at an apartment building or rental property, the person who attacked you may not be the only party whose actions should be investigated. A landlord or property owner who knew about dangerous conditions and failed to provide reasonable security could potentially be held responsible for injuries caused by that negligence.
Negligent security cases require a careful review of the property, previous incidents, landlord communications, maintenance records and other evidence. Acting quickly can also help preserve surveillance footage and documentation that could be important to your case.
If you or a loved one was injured in an assault on rental property and believe inadequate security may have contributed to what happened, contact Hupy and Abraham for a free consultation. Our experienced personal injury attorneys can review the circumstances surrounding your case, investigate potential negligent security and help you understand your legal options.
FAQs About Negligent Security
Does a Landlord Need to Know About a Previous Assault to Be Liable?
Not necessarily. Other warning signs, such as previous crimes, tenant complaints, broken locks or known security problems, may indicate that criminal activity was reasonably foreseeable.
Can a Property Management Company Also Be Responsible for Negligent Security?
Potentially. If a property management company was responsible for maintaining security or addressing known hazards and failed to take reasonable action, its role may need to be investigated.
Can I Have a Negligent Security Claim if the Attacker Was Never Caught?
Potentially, yes. A negligent security claim focuses on whether the property owner or another responsible party failed to take reasonable security precautions, so the attacker does not necessarily need to be identified for a claim to be investigated.
Can Negligent Security Apply to an Apartment Parking Lot or Common Area?
Yes. Negligent security claims can arise in areas such as parking lots, hallways, stairwells, elevators and laundry rooms when inadequate security may have contributed to an assault.
What Evidence Can Help Prove a Negligent Security Claim?
Evidence may include surveillance footage, photographs, police reports, maintenance records, witness statements and previous complaints to management. Preserving this evidence quickly can be important because some records or footage may become unavailable over time.
