Landlord Liability for Criminal Acts and Activities

Landlords in most states now have at least some degree of legal responsibility to protect their tenants from would-be assailants and thieves and from the criminal acts of fellow tenants. These legal duties stem from building codes, ordinances, statutes and, most frequently, court decisions.

If you were the victim of crime as a tenant or guest on rental property, contact an experienced attorney as soon as possible to discuss whether a lawsuit against the landlord would be appropriate.

Elements of a Negligent Security Claim

Generally, landowners are under no duty to ensure the safety of others on their property from third-party attacks, absent a special relationship. Most states have found a special relationship to exist between landlords and tenants, giving rise to a duty to take reasonable steps to protect against foreseeable dangers.

In order to prevail against a landlord in a negligent security case, the injured party must show that:

The landlord owed him or her a duty to provide reasonable security measures
The landlord breached that duty
The breach of that duty is the proximate cause of the injury

Foreseeability of Harm

If a duty is found to exist from the landlord to the injured party, then the landlord must take reasonable measures to protect against foreseeable dangers to the tenants. Foreseeability may be determined differently depending on the jurisdiction. The most common ways to determine foreseeability include:

Imminent harm: the landlord knew or should have known that a particular crime was imminent based on case-specific circumstances
Prior similar incidences: due to the history of comparable incidents on the property or near the property within a set time frame, the act was foreseeable
Totality of the circumstances: given the nature, condition, and location of the property, level and frequency of crime in the surrounding areas, previous crime on the landlord's property and other factors, the act was foreseeable

Regardless of the test used, if foreseeability is found by the court, the landlord may be subject to liability if he or she did not take reasonable measures to protect against the crime.

Reasonable Measures

In order to determine whether a landlord's security measures were reasonable, courts often employ a balancing test. This test weighs the likelihood of an attack and the potential for harm against the burden imposed on the landlord to prevent the incident. If the threat level was low and the burden on the landlord great, it is unlikely the landlord will be held liable for negligent security.

Conclusion

If you were attacked and injured on a rental property, you may have a viable claim against the landlord. Contact an experienced attorney in your area to learn more about your options for filing a negligent security claim.

DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter.