If I was robbed in my high-rise apartment that suppossedly has security, can I sue my landlord for pain and suffering and medical bills?

Asked on May 27, 2012 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

IF you can show that the building did not have the level of security that similar buildings, in a similar area, would have, and the landlord either knew or should have known of the deficit--and furthemore, you can show that proper security would more likely than not have prevented the attack--then you may be able to hold your landlord liable for the consequences of the robbery. So, for example, say that other high-rise buildings have lobby security or doormen, and this building either did not, or the guards/doormen were frequently away from their posts, and that's how the attacker gained access; in that situation, you may well have a viable case.

However, if the landlord is in fact providing the type and level of security that reasonable landlords in like situations do, then you would not have a claim; the landlord is only expected to take reasoanble measures, and is not required to be perfect to avoid liability. Or if no security would have been enough--for example, you were robbed by another tenant or a tenant's guest, who had the right to be in the building and would not have been detered by security--there would also be no viable claim.


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