QUESTION

Can I get compensation from by the apartment management for the burglury happened at my apartment?

Asked on May 27th, 2012 on Business Law - Minnesota
More details to this question:
There happened a burglury in my apartment. Unfortunately I did not have renters insurance. But one of the reason we assume that the burglury happened is because the management had put some flyers/notifications at our door and it was lying there for 3 or 4 days until we returned from our vacation. Our vacation was unplanned and so nobody knew about the other than my colleagues. The only way we think the thieves would have known about we being out is by seeing these flyers. Can we sue the management for poor security and leaving the flyers which provoked the thieves?
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1 ANSWER

Litigation Attorney serving Greenwich, CT
Partner at Hilary B. Miller
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There are two limitations on this kind of claim. First, when the defendant (in this case, your landlord) didn't directly cause the loss -- in this case, the loss was the result of the supervening criminal act of an unknown third party -- there are liability problems in our system, since, as a general matter, the legal system relies on causation as a means of proving duty. Second, you shoukd read your lease and see if the landlord's liability for third-party acts has been waived or excused; often that is the case. There are some newer cases that impose duty on a landlord to provide certain security measures under circumstances where the landlord knew, or reasonably should have known, that crime was likely to result in the neighborhood. But in general, the prospects are not great for such a claim, and it will not be possible to find an attorney who can prosecute this kind of matter cost-effectively. You should consider small claims, where you can be self-represented, as an option. Remember that in order to prevail you will need to show something more than that the landlord left materials for you that advertised your absence. Good luck with it.
Answered on May 27th, 2012 at 6:19 AM

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