When you pay rent to call a place your home, you have the right to a certain level of security on the premises. Sadly, lack of security is a problem at many apartment buildings and complexes, and one of the consequences of a failure to provide security is sexual assault.
It’s important to recognize that some incidents of crime are not preventable, but the vast majority of sexual attacks can be stopped if there is adequate security throughout the property. If there is a lack of security measures by the property owner or manager, they may be sued for rape and other acts of sexual assault by the victim.
If you or your loved one was molested or sexually abused in any other way due to negligent security, please contact the sexual assault lawyers of Normandie. We have been representing victims of sex abuse for several decades and know how difficult it can be for the victims to obtain justice. At the end of the day, only you can decide if filing a sexual assault lawsuit is the best way to resolve your pain and trauma. However, we can promise to treat you with respect and compassion, and offer reliable answers to all your questions,
- Can I sue the apartment building owner if I was sexually assaulted by someone that broke into my apartment?
- Do I have a case against the property owner, or is there someone else I need to sue?
- If the building is run by a separate property management company, are they responsible for incidents of sexual assault?
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Security Issues that Increase the Possibility of Sexual Assault
Ultimately, it’s up to apartment building owners to secure all areas of their property and ensure that they have taken reasonable care to prevent their tenants from a physical or sexual assault. Owners also have a duty to protect visitors to the building, like guests of the residents, mail carriers, delivery people, etc.
Those who own and operate apartment buildings can leave people at risk of assault and battery when they fail to provide adequate security or fail to resolve security breaches in and around the building. Negligent security in an apartment building includes, but is not limited to:
- Security cameras not working in common areas of the building
- Failing to keep doors and gates closed / locked
- Damaged locks that are not repaired
- Hiring security guards who are incompetent or inexperienced
- Lack of or insufficient training of security personnel
- Lack of security protocols that must be followed by building staff
- Failure to install alarms and other security systems
- Poor lighting, especially in outdoor areas
- Failing to conduct thorough background checks on employees
Can I Sue the Property Owner if I was Sexually Assaulted?
For the most part, these lawsuits are filed against the owner of the property, as they have a legal duty to enact reasonable measures for the purpose of keeping people safe. This is based on the law of premises liability, so in general, sexual assault caused by lack of security is blamed on the leasing company, individual owner, or group of owners.
However, it’s not always the owner that’s in charge of security issues, like alarm systems and surveillance cameras. Many apartment buildings are managed by a separate company that specializes in day to day operations, repairs, and maintenance for multi-unit dwellings. Thus, you may need to sue a property management firm if securing the buildings falls under their duties and responsibilities, This is normally determined by the contract they have with the building owner, which details the services they provide.
Other parties that may be liable include security firms if the building uses a third party company. If the security guard is not qualified for the job, liability for a sexual assault may be placed on the company that hired the individual. In these situations, we would have to investigate their hiring and training practices. In some cases, it may be the security guard that commits the assault, as they have easy access to residents and know areas of the building that are less frequented than others.
As you can see, there is a lot to think about when you are a victim of sexual assault at an apartment building. Our legal team will help you make sense of it all and fight to secure the settlement you are entitled to.
How Much Time Do I have to Sue for Sexual Battery?
If you are eligible for a negligent security sexual assault lawsuit, you have 10 years from the incident date to file a claim. This is the statute of limitations for adult victims, but the time limit to sue is much longer if you were sexually assaulted as a minor. Under California’s child sexual abuse laws, minors have 22 years to file a lawsuit starting from when they turn 18 (legal age of consent in California). However, some victims may have longer to sue an apartment building for sexual assault if there is a delayed realization of the harm they suffered. This is complicated concept, so please contact our law firm to learn about the state’s discovery rule on child sexual abuse lawsuits
Regardless of how long you have for a sexual assault claim, it’s essential to initiate the legal process right away. This will put you one step closer to receiving justice from the responsible party and moving forward with your life in a positive direction.
Contact a Sexual Assault in Apartment Building Lawsuit Attorney
No one should have to live with the trauma of sexual assault, yet these incidents happen far too often in places where we have an expectation of safety. When apartment building owners, managers, and other entities fail in their duty of care, they must be held accountable for any harm to an innocent victim.
The apartment building negligent security lawyers at our office can help you pursue a compensation claim for sexual battery or any form of sexual abuse. By hiring us, you will receive a Zero Fee Guarantee, so there is no cost to you whatsoever in terms of legal fees. As long as we secure your settlement, our bills are paid by the party you are suing. And if you don’t get paid from an apartment building sexual assault lawsuit, you owe us absolutely nothing.
To learn more about your rights and how we can help you with a claim for sexual assault, please reach out to us and schedule a free case review.
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