Can I sue the apartment complex for personal injury if my son was attacked?

Most likely not, but it depends on the circumstances. If they have had problems in the past and were on notice that they needed security or said they would provide security, then maybe there may be an argument. However, generally speaking the apartment complex does not have a duty to provide security for you.

It is difficult to hold an apartment complex liable for intentional violent acts of others. There have been cases where an apartment complex has been held liable for having inadequate security. In most cases, it is where the locks are inadequate and the tenant is a victim of a home invasion that would not have occurred had there been adequate locks. There are cases where apartments provide security, and are held liable because security did not do its job and allowed an attack to occurred. However, generally, there is no duty to provide security, or to screen visitors. Each case is different the facts of your specific case are important. Some important factors are: Did the complex provide security that failed to do its job, was the apartment on notice that it is located in a violent neighborhood which might give rise to a duty to provide security. If your son's injuries are not permanent, it is probably a case that most attorneys would decline. If your son has serious permanent injuries, it is worth an attorney looking into. If any of the individuals in the attack are minors who have parents who on property, the parents can be held liable up to $5,000.00 (in South Carolina). If they do not own property, it will be hard to collect a judgment..

In a case like yours the Apartment complex is usually liable if the persons who committed the assault did not belong in the building because they didn't live there and gained access because of a problem with security such as a broken lock. There must also have been a history of violence in the area that the landlord should have been aware of. You should definitely consult with an attorney. I can help you find one anywhere in the Country if you are unable to. I am only admitted to practice in New York State and cannot practice law in any other State. Please note the following necessary legal disclaimer: I have not given legal advice. I only give legal advice to my clients. I am not acting as your attorney. I have not agreed to represent you. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. All claims have time limits. In general they are under New York Law: three (3) years for personal injury and property damage actions, two and one half (2 ) years for medical malpractice claims, two (2) years for wrongful death, one (1) year for an intentional wrongdoing, six (6) years for contract claims, but four (4) years for sales of goods under the Uniform Commercial Code, and four (4) months to challenge an action or decision of a government body, department or agency. However, in a claim for personal injury or property damages, if any person or entity at fault is affiliated with a municipal or other government department, agency or facility, then you may be required to file a notice of claim within ninety (90) days and then commence a lawsuit within one (1) year and ninety (90) days, but sometimes within one (1) year. These time limits have exceptions. Never sit on your rights!

In order to hold the apartment complex liable there would have to have been prior criminal activity at the apartment, made known to the landlord, and the landlord failed to take adequate precautions. Your better claim is to sue the kids that beat up your son and their parents. They are liable to a certain extent, by statute, for the actions of their minor child.

If lack of adequate security was the cause of the assault, the answer is yes. The complex is not a guarantor of safety but they must do what is reasonable.

You should contact and consult with an attorney who specializes in landlord/tenant matters. Also, the state and local agencies which regulate the requirements and maintenance of apartments in your City would be appropriate contacts to make to find out if your specific apartment violated any ordinances by not having proper security.

I hate to give you an unclear answer, but I don't have enough information to answer your query. If this was the first time anything like this has ever happened, then probably not. If there have been other reported incidents of batteries of this nature, then I would consult with a lawyer who has handled these types of cases before; they are called negligent security cases when you call to speak with a lawyer.

Probably not. An apartment complex is not, by law, required to have a security gate or guard.

Possibly. Claims against an apartment complex for inadequate security are fairly common. Beyond that I dont have enough information to say whether the facts of your case would create a claim. I would definitely speak with a local attorney as soon as possible. Good luck.

Unless the complex had a security system that was not working which would have prevented an attack then there is no liability on the part of the complex owner. Here is no legal statute for a complex to have security. The perpetrators are subject to criminal charges and your son can have a civil action against them.

That would depend on what notice of prior incidents the complex had or what notice they had potentially of this type of incident. If there was no opportunity for the complex to do anything, then you don't have much to talk about. The complex absent notice is not an insurer of everyone present. The homeowner's insurance carrier for the kids, assuming their parents owned homes, might be liable.