Premises Security Liability

Residents, landlords and property managers have seen a legal trend called premises security liability. Premises security liability is a civil action where a liability attorney will attempt to hold a landlord or property manager liable for money damages for injuries inflicted during a violent criminal attack committed on the rental property under premises liability law.

The damages can be for both physical and psychological injuries suffered following an attack. The allegation from the premise liability lawyer is usually that the landlord contributed to the plaintiff’s injury because of a failure to provide adequate security on the property.

In recent years, statistics have shown that the highest premises liability jury awards have been for sexual assaults and deaths on apartment properties. Attorneys usually try these types of cases.
In addition, premises security liability can happen on the following environments:

• Hotel/Entertainment Establishments
• Condo/Residential Environments
• Commercial/Office Buildings
• Parking/Garage Facilities
• Hospital/Medical Institution

The new liability has million-dollar compensation
Million-dollar jury verdicts against landlords have made this form of premise liability a reality. Negligence has more of these lawsuits around the country popping up against landlords and property managers.

These lawsuits under premises liability law have become so widespread that both plaintiff and defense bars now hold regular seminars for this area of law practice. The Association of Trial Lawyers of America meets annually to offer training programs on how a lawyer can successfully sue an apartment landlord for premises liability.

To prevail on a premises security claim, the plaintiff and the premise liability lawyer must prove that the landlord failed their duty of care by not providing adequate security measures.
 
Typically this is done by:

• Demonstrating that door or window locks were defective  
• Un-repaired lights were not functioning for weeks prior to plaintiff’s assault.
• The focus could also involve an employee of the landlord.
• The negligence allegation may focus on the methods used for hiring, training, and supervising the apartment manager, the leasing consultants, the maintenance personnel, or the security officer

Punitive Damages
Where there is mental anguish from an attack, there are punitive damages. These attacks can ruin lives, mentally and physically.

Punitive damage awards are designed to punish a landlord or property manager, not just compensate the plaintiff for their injuries. Punitive damages are awarded when the jury believes the facts in your case prove that a landlord or property manager acted with malice or with a conscious disregard for the safety of the plaintiff, prior to being injured.

An example might be when a landlord knowingly hired a maintenance man, just paroled from prison and provided him with a uniform, an apartment and access to a property filled with kids.

Punitive damages are not usually covered by liability insurance and therefore are expected to be paid out of the personal assets of the person being sued.

Managers are top suspects
It is not unusual for management employees and staff to become involved as witnesses in these types of cases. Careers have been ended or altered because of the outcome of an intense litigation.

Sometimes, when the focus is on the qualifications or credibility of a resident manager, the plaintiff hires a private investigator and premise liability lawyer to examine the background of that employee. Too often, these investigations have turned up fraudulent backgrounds, criminal convictions, and even current arrest warrants.

It is vital to do the same in your situation for your safety and the safety of your children. A premise liability lawyer can put you in the right direction for the next step in this new field of premises liability law.