Can a gated mobile home park be sued if a tenant gets assaulted?

Asked on January 29, 2013 under Personal Injury, Florida

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

A landlord or property owner does not insure tenants. That is, the mere fact that a tenant was injured does not make the property owner or landlord liable, or legally/financially responsible. Instead, there must be fault on the landlord or property owner's part. The sort of fault that can give rise to liability includes, for example, not providing reasonable security (generally defined as the same level and type of security other, similarly situated landlords or property owners provide); not taking steps to exclude known-violent persons; or if an employee of the landlord or property committed the assault. Without some negligence (carelessness) or other fault on the part of the landlord/property owner, there would be no liability.


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