We have had clients come to our office and tell us about how they were attacked, mugged, or assaulted at an apartment complex. Usually these attacks happen late at night in poorly lit areas with no security presence. While the attackers are subject to criminal prosecution, what many of our clients are unaware of, is that the apartment complex can be held civilly liable under a negligent security claim if they failed to prevent these types of attacks. In Mississippi, apartment complexes have a duty to take reasonable measures to prevent foreseeable outside harm.
Theories of Liability in Negligent Security Cases
In proving a negligent security claim, the first step is proving that the third-party attack was foreseeable. What this means is that the property management or ownership knew or should have known that criminal acts could or were likely to happen. This knowledge element can come from several areas, such as the location of the complex in a high crime area or the fact that similar attacks had previously happened on the property. Direct knowledge could also come from the victim making complaints about feeling unsafe prior to the attack.
Once an apartment complex knows or should have known of the possibility of third party attacks, proper safety measures must be taken in order to protect residents. The following list can show how a complex failed to protect its tenants and visitors:
- Poorly lit parking lot or walkway.
- Broken security gates.
- Lack of security guards or poorly trained security.
- Broken locks on windows or doors.
- Inoperable or non-existent security cameras.
- Failure to respond following complaints or threats.
- Failure to investigate suspicious non-residents on the property.
As stated above, negligent security claims stem from a criminal act by a third party. These criminal acts can cause potentially severe injuries or death. They can also leave traumatizing effects on their victims. Many times, the criminal charges levied against the third-party attacker are not enough to properly compensate the victim since the criminal may not have the resources to provide the proper recovery you deserve for expensive medical bills, lost wages, and pain and suffering. It is because of this fact that victims can potentially file suit against the apartment if the complex failed to take adequate measures to prevent these attacks from happening.
Contact the Personal Injury Attorneys at 'Maggio | Thompson Today!
If you or a loved one has sustained an injury as a result of an attack at improperly secured apartment complex in Mississippi, contact the experienced and serious personal injury attorneys at 'Maggio | Thompson, LLP.