If you get mugged in a condo complex by a neighbor, can you sue the condo management company if there was a lack of security?

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If you get mugged in a condo complex by a neighbor, can you sue the condo management company if there was a lack of security?

Asked on May 5, 2012 under Real Estate Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You may be able to sue the condo management company for negligence.  Negligence is the failure to exercise due care (that degree of care in this case that a reasonable condo management company would have exercised under the same or similar circumstances to prevent foreseeable harm).

In order to prove negligence, you will need to prove duty (of due care mentioned above), breach of duty (failure to exercise due care), actual cause, proximate cause, and damages.

Actual cause means but for the condo management company's lack of security, would you have been injured (mugged)?  If the answer is no, actual cause has been established.  Proximate cause means were there any unforeseeable, intervening acts which would relieve the condo management company of liability?  If the answer is no, proximate cause has been established.

Damages (the amount of compensation you are seeking in your lawsuit) would include your medical bills, pain and suffering and any documented wage loss.  Compensation for the medical bills is straight reimbursement.  Compensation for wage loss is straight reimbursement.  The medical reports will document the nature and extent of your injuries and will be used to determine compensation for pain and suffering, which is an amount in addition to the medical bills.  When you complete your medical treatment and are released by the doctor, obtain your medical bills, medical reports and documentation of any wage loss.  Your personal injury claim will include these items.  Prior to filing a lawsuit against the condo management company, it may be possible to settle the case with the condo management company's insurance carrier.  If the case is settled with the condo management company's insurance carrier, NO lawsuit is filed.  If you are dissatisfied with settlement offers from the condo management company's insurance carrier, reject the settlement offers and file your lawsuit for negligence against the condo management company.  If the case is NOT settled with the condo management company's insurance carrier, you will need to file your lawsuit for negligence against the condo management company prior to the expiration of the applicable statute of limitations or you will lose your rights forever in the matter.


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