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?

UPDATED: May 27, 2012

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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