As a tenant, you might not realize your apartment complex could be liable for damages if you are a victim of crime due to their negligent security. A security negligence attorney can help prove your apartment building did not provide adequate security and seek the compensation you deserve. Here’s what you need to know about apartment security negligence.
Understanding “Reasonable Measures”
Your apartment complex must take reasonable measures to ensure its tenants are safe. This falls under their duty of care to ensure harm doesn’t come to tenants, workers, or visitors to the property. If you were a victim of assault or break-ins, your apartment building owner or management could be liable if you can show they did not take reasonable care to keep you safe. Your landlord-tenant attorney can investigate the circumstances of your break-ins or attacks to determine if reasonable care was taken including whether:
- The crime was foreseeable due to inadequate security
- There was a history or pattern of known criminal activity in your area or within the apartment complex itself
- The property management or owner responded to past incidence by improving security
- The property management or owner canceled security upgrades or failed to implement security improvements to save money
- No efforts were made to assess risk for harmful criminal acts
- The building has the financial means to improve security
- There is proof of reasonable care such as maintenance records or use of security equipment, alarms, call boxes, entry point access measures, etc.
- Regular maintenance ensured security equipment was working
- The building had safe lighting to reduce the risk for perpetrators
- The owner or property manager knew of threats but failed to warn tenants
- There was sufficient security personnel on hand
- Security personnel were ineffective in their jobs
- Background checks were performed on employees, contractors working on the site, and tenants
- There are any state or local codes that apply to your case
- There is a lack of key control policies or procedures that made it easier for crimes to occur
- There were any safety issues such as broken gates or malfunctioning access pads
Because every case is different your landlord-tenant lawyer will look into the specifics and consider any other factors that might contribute to apartment negligence.
Establishing a Negligent Security Case
Texas apartment security is meant to protect tenants from intruders. However, the fact you suffered an injury or break-ins have occurred does not always mean you have a renter’s security issue on your hands. Your lawyer’s job is to prove your apartment complex did not take reasonable measures to protect its tenants.
All of the above factors must be considered, and proof must be gathered to establish your building complex’s actions or inaction led to the crime. Your lawyer will need to show how and why your apartment complex contributed to some or all your injuries. They will also have to show how much your injuries or property damages cost, to ensure you receive a fair settlement.
If you were a victim of crime due to your apartment complex’s negligence, the team at Malley Law Firm can help. Reach out to us today to set up your free consultation.