Who is liable for my injuries if I was assaulted in my apartment building?

Question

I was assaulted by four individuals in the hall of my apartment building.  I received treatment at the hospital for facial lacerations.  The building has a policy to sign all guests into the building.  None of these guys were signed in.  The building has security, but no guard was present.   Cameras are mounted in the hallways but were not turned on at the time according to an employee.  My face looked like it got hit by a truck.  I have pictures of my face from the following day.  Do I have a lawsuit against the company who owns the building or the four guys who jumped me?

Lyle Masnikoff · Answer

Maybe. Depends on if there are been problem there before or just random act.

Tim Jones · Answer

Perhaps both.  You certainly have a claim against those who assaulted you.  You may also have a claim against the owners.  The strength of your claim will depend upon the facts leading up to your assault.  Given the extensive security measures in place I suspect you were not the first to encounter problems at this complex.

Theodore W. Robinson · Answer

I believe you do. Consult with a personal injury attorney and retain them  immediately. Good luck.

Justin Idiart · Answer

Your primary claim is against the four who assaulted you. But you should also make a claim against the management of the property for failure to provide safe residence. If you want help, please contact me for a free consultation.

Jared Altman · Answer

Yes. You may have a lawsuit over the lapse in security. But, how bad were your injuries. A couple of scratches is not worth suing over. Did you receive stitches? How many and where?

James Kelaher · Answer

If you know who assaulted you, you can always sue them, but you'll probably get no money. You can try to go after the apartment complex for negligent security if they weren't doing what they were supposed to be doing as you stated, so I would suggest consulting with an attorney who holds himself or herself out as one who handles negligent security cases.

David Van Sant · Answer

You may have a claim for negligent security against the apartment complex.  There would need to be a very fact specific inquiry before one could determine if the apartment complex was negligent.  You should consult with a lawyer asap.

Barry Rabovsky · Answer

We would be happy to provide you with a free consultation if you call my office at either of the numbers listed below.  If my office accepts your case, there is no fee charged unless we are able to obtain a settlement for you.

Earl Straight · Answer

You clearly have a claim against the four guys who assaulted you, and you may have a claim against the apartment complex for negligent security. The fact that the complex had security but wasnt properly deploying it at the time, security guard not present, camera turned off, should bolster your claim against the complex.

Bernard Huff · Answer

Retain and/or consult with a plaintiff's personal injury attorney to find out if there is liability on the part of the owner and management of the apartment.

Francis Paul Hajek · Answer

Virginia law on personal injuries resulting from an assault on commercial premises such as an apartment complex is in line with national standards. One important question is whether there is a history of assaults or violence on the premises.  This history is important because it puts the landlord on notice of a problem.  In your case, the absence of a guard is significant if there is usually a guard in place.  I also like the fact that there are security cameras but they are not working.  It would seem to indicate that the landlord was aware of a problem and took steps to address it, but then dropped the ball.  Another factor that may come into play is the amount of damages in your case.  Have you been to a doctor and is any further treatment required?  Unless there are some significant damages, it may be a case that is easily denied by the defendant.

Paul Whitfield · Answer

You can obviously sue the 4 who assaulted you, but if you win a judgment can you collect anything? The question whether there was adequate security and whether security could have stopped an assault is complicated. Must consider the crime rate in the area, the need for security, whether security was adequate for the perceived need and how the assault took place.. Could the best security have stopped the assault?

Lawrence Ramunno · Answer

You have a claim against the 4 guys who assaulted you. As to the landlord, it  will be a difficult claim to prove, but you should discuss with a lawyer who  handles these types of cases.

Ronald Lowry · Answer

Both.

Jeffrey Wittenbrink · Answer

There is a good chance that the apartment owners may have some liability based on the facts you have stated. It appears that you have an expectation of security because of the apartment policies that were not followed, and received damages due to the very occurrence that security was meant to guard against. You should consult with an attorney right away.

Josh Lamborn · Answer

All of the facts you recite are important in building a case against the owner. However, a large part of your case will depend on why these people assaulted you in the fist place. Was it random or did you do something to incite them?  If you can show that you are an innocent victim and that the building owner reasonably should have prevented the attack, then you have a case.

Richard Lowell · Answer

Probably both.  The case against the assailants is relatively straightforward; although you would have to prove who they are and what they did to you.  If you get past that, and get a judgment; it may be difficult to collect anything.  My suspicion is that these 4 individuals have no money.  Did you call the police?  The claim against the apartment building is a bit more complex; but is strengthened by the facts you've presented (i.e., no guard although one should have been there; cameras 'off;' no sign in despite policy for sign in, etc.).  And of course, a successful claim is likely easier to collect. It seems probable that the landlord would have insurance for such claims.

Mark Leonardo · Answer

You clearly have a battery claim against the 4 guys that jumped you.  You may have a claim against the building owner depending on a variety of factors.  Some of the facts you mention are in your favor; but you may have to show that there were prior crimes in the area which were known to the owner and the owner failed to take adequate precautions.  You should retain an attorney to over the facts in detail and to review the case law that deals with cases of this nature.

Vincent Bernabei · Answer

You have a claim against the 4 assailants and a claim against the building owner and the security company.  You should immediately alert the security company in writing that any recording of the incident should be preserved.

William Allen · Answer

Yes, possibly against both, for lack of security and failing to have the guys sign in and definitely directly against each of the men for assault and battery.

Timothy Klisz · Answer

You would certainly have a case against the individuals, assuming they get convicted of assault.

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Who is liable for my injuries if I was assaulted in my apartment building?

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