Can I Sue My Landlord if I Was Injured in a Robbery on the Property?
Shiver Hamilton Campbell handles injury-related claims against a landlord or property owner when someone is harmed as a result of a robbery. We do not take on missing items cases or those that do not involve injury.
No one ever wants to think that someone could break into their apartment unit and rob them. Or that they could be approached by a criminal and robbed while they were simply crossing the parking lot of their building trying to get into their home. Unfortunately, it happens all too often. While victims may initially be traumatized and be unable to think of anything other than trying to deal with the robbery, they may eventually wonder whether they can sue their landlord or the property management company for injuries they suffered during the robbery. Like most legal matters, it depends on the specifics of the case.
If the landlord did not provide a safe and secure environment for their tenants, someone who was injured in a robbery on the property may be able to sue their landlord for the incident. Landlords have a responsibility to ensure their property is kept safe, which includes confirming that parking lots, units, and common areas such as hallways, have proper lighting at all times. This responsibility also includes ensuring that all entry doors and windows to units and common areas have working locks so that trespassers cannot enter.
These are just a few of the security responsibilities landlords hold, and when they have failed to meet those standards, it may be possible to sue a landlord for their negligence that leads to a person being injured in a robbery.
There are certain caveats to this, though. One of those is whether the lease includes an arbitration clause. More and more rental agreements are incorporating these clauses into them. Essentially, they state that tenants cannot sue a landlord if something happens on the property. Instead, they must go through mediation and, if that is unsuccessful, through arbitration.
Still, these arbitration claims will not always hold up in court. And they certainly may not protect a landlord that was grossly negligent and caused a tenant severe injuries after a robbery. Often, negligent security lawyers could prepare arguments to render these agreements null and void when a landlord has been so negligent that a tenant has experienced great bodily harm from a robbery.
Contact an Attorney if You Were Injured During a Robbery on Someone Else’s Premises
When landlords and tenants enter into a rental agreement with each other, they both have responsibilities. Landlords have a responsibility to not only provide a habitable living space, but also to ensure tenants are kept safe while on the property. When landlords have not met that responsibility, they can often be held responsible. After a tenant or visitor has been physically harmed on the apartment building’s property, they should always speak to a personal injury attorney. An attorney could review all the details of the case, as well as the lease, and advise an injured individual on whether it is possible to sue the landlord for their role in allowing the robbery to occur. Call Shiver Hamilton Campbell to discuss the possibility of compensation for the physical harm you endured in this incident.