Your rights if you are a crime victim in an apartment building or office building

Often crime victims may be able to recover for the injuries they sustained because their assault was the result of negligence on the part of a landlord or property owner. We our proud that our senior partner, Michael Kaplen has served on the Board of Advisors of the National Crime Victims Bar Association. De Caro & Kaplen, LLP has over 26 years of experience in protecting the rights of crime victims and insuring that they receive adequate compensation for their injuries.

Safety and Security

According to the standards set forth by landlord and tenant law as well as precedents from prior cases won by premise liability lawyers, landlords must provide safe and secure premises. When security is inadequate or non-existent and tenants or visitors or a customer in a commercial premises or apartment building is attacked, raped or in some other way molested, the victim may have the basis for a lawsuit against the owner of the building or store.

The Law

In order to form the basis of a successful suit, the premise liability lawyer for the victim must be able to prove that the crime would not have occurred, if landlord liability laws had been complied with and the property owner took proper steps to secure the maintenance and safety of his building. If the building has been the site of attacks of malicious conduct in the past, this may form the basis of a claim that the landlord had noticed the need for security personnel or monitoring devices and ignored it.

Doorman--Guards and Broken Security Devices

If existing personnel such as a doorman or a guard is not at his or her assigned post or is asleep and this allows an intruder entry into the premises, this too may form the basis of a claim to be brought against the landlord by a premise liability lawyer. Frequently, claims are based upon faulty security devices such as broken locks, inoperable buzzers, lighting devices or intercoms. These devices, which are required by New York law, form the first line of defense against crime.

Large and Dangerous Crowds

In commercial establishments such as bars, dance halls, movie theaters and other places where large numbers of people gather, the failure to effectively control crowds or eject abusive and rowdy individuals can lead to landlord liability if an innocent person is injured.

Other situations exist where liability is imposed upon a landlord due to a resulting injury from criminal conduct. In hospital settings, the failure to restrain demented individuals and in schools, neglecting to check on the background of those entrusted with the welfare of our young are some examples.

Landlord Liability For Rape

In a recent case we successfully represented a young woman who was raped in an apartment building. We were able to prove that the intercom, door lock and a camera in the building were not properly operating on the day of the attack. The victim standing in the lobby of her apartment building saw the intruder gain entrance merely by pushing open the front door. We were further able to prove that the building, which was a co-op, had board of director minutes going back months where the issue of defective security devices was discussed.

The easiest and best safeguard against criminal violence is proper maintenance of a building by a landlord and the hiring of proper security personnel. Prevention of criminal conduct before it occurs is the responsibility of the landlord.

Criminals act in predictable ways and choose locations in which their deeds can be easily and discreetly carried out. The failure to act in a reasonable and responsible fashion will cause the landlord to be responsible under laws of negligence for attacks committed on innocent tenants and their guest.

No Fee--Unless We Are Successful

Legal fees to our law firm are only paid if we are successful at the conclusion of your case. This is called the contingency fee arrangement and allows you to obtain the must qualified legal representation without paying any upfront legal fees.

If you or someone you know has been a victim of criminal conduct, as a result of the negligence of a landlord or building owner, the New York premise liability lawyers at De Caro & Kaplen, LLP can provide you with proper legal representation.

We will also provide you with a free, no obligation consultation. Contact our landlord liability lawyers today for a free consultation toll free at 1 866 BRAIN LAW.