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Rape And Assault Cases -- The Landlord's Responsibility

Topics Covered

What the Law Says
Examples of Successful Law Suits
Protect Your Rights

INTRODUCTION: It has been the law of this State for at least 25 years that a landlord can be held legally responsible to compensate a person who is injured during the course of an assault, rape or mugging which occurs in their building.

Trolman, Glaser and Lichtman have more than 20 years of experience handling lawsuits for people who've been hurt in their apartments and buildings because a landlord failed to safely maintain his property, by providing adequate security.

We have represented clients involved in window falls; rapes, robbery and assaults fires, elevator accidents and slip and falls. Our depth of experience has resulted in large monetary awards for victims of apartment house related accidents. See some of the awards we've won for clients.

Questions? Please call us at:
1-888-4-TGLLAW^TM
1-888-484-5529

What the Law Says

When a victim of a crime seeks an award against the landlord of a building, the law requires the victim to demonstrate:

* That the building or area has a history of criminal activity
* That the landlord has in some way failed in his duty to provide adequate security to protect persons using the building
* That such to provide adequate security was a cause of the injury.

The Courts, in applying these principals of law, have permitted such victims to recover money awards in a variety of situations.

Case Studies

In a 1981 case, a nurse who was raped in a residence building located at the Downstate Medical Center in Brooklyn was permitted to recover compensation for her injuries where it was found by the Court that the State had failed to lock an elevator so as to prevent it from going to the basement in the evening, which was contrary to its own rules and regulations.

In another case, a robbery victim was permitted to sue when he was attacked in a parking lot adjoining his apartment house. The Court determined that the landlord's failure to provide adequate lighting at this area could be a cause of the incident.

In numerous cases, the owners of buildings have been held responsible for failing to maintain or repair door locks which have permitted potential muggers and robbers from entering the building to prey on tenants and their visitors.

In one case, the Court extended this duty to protect to persons on the street. In this tragic case, a nine year old pedestrian was hit by a gun shot fired from a building in Manhattan while passing by on the sidewalk.

This unfortunate child was blinded by the injury. There was ample evidence that criminal activity and drug dealing had transpired in the building and the landlord had been aware of this kind of activity prior to the incident. The landlord's lawyers argued to the Court that the landlord's responsibility could not be extended to a person with whom the owner had no relation, such as a passerby.

The Court rejected this argument and permitted the child to sue, reasoning that it was proper public policy to require a landlord who is aware that his building was an illegal "drug supermarket" to protect the public and be responsible for the consequences of his negligence.

Protect Your Rights

We are not suggesting that every situation in which a person is the victim of a crime in or near a building will give rise to the right to sue and recover compensation. However, I do urge those of you who have had such a experience to get in touch with a lawyer who is experienced in handling these type of cases to determine if you have a case.