Does my daughter have a case she was assaulted and battered by a rapist at the apartment complex where she used to live?

Asked over 2 years ago - Cypress, TX

Complex left vacant apartment open and the rapist took her there by gunpoint and almost raped her she escaped from him and jumped out a closed window. Also security gates were broken and open that night that is how he got in. This happened November 17th of last year she has been unable to work since then. She is suffering from nerve damage to her hands, she has swelling on her head where he hit her and split her head open has migrane headaches all the time and is in constant pain every day now, my daughter is a complete mess we need help!!!!

Attorney answers (6)

  1. Lee Keller King

    Contributor Level 12

    7

    Lawyers agree

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    Answered . Your daughter may have a cause of action for premises liability against the apartment complex. Although this tort has been curtailed by our Texas Supreme Court, it has not been eliminated.

    Your daughter needs to immediately contact a personal injury attorney who practices in premises liability.

    Good luck!

  2. Sheadyn Reaves Rogers

    Contributor Level 10

    5

    Lawyers agree

    Answered . Your daughter may have a case for premise liability against the owner of the apartment complex. The owner must keep the property in a reasonably safe condition for invitees. This means providing a reasonable level of security, which can include operating security gates, adequate lighting, warning signs, cameras, a security guard, etc.

    There also may be a prior history at these apartments of violent crimes. You should contact a personal injury lawyer immediately in your local area for a consultation concerning the case. You will need an attorney!

    Suit must be filed against all liable parties within 2 years of the date of the incident.

    Good luck.

    The information above is for informational purposes only, is not intended as legal advice, and does not create an... more
  3. Paul Sims Colley Jr.

    Pro

    Contributor Level 4

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    Best Answer
    chosen by asker

    Answered . Yes! You need to hire an attorney for help in this situation. Investigation of the facts is critical in making a case and the sooner the better. We are experienced in our firm in handling cases just like this one and have had success in this area. Regardless of whom you hire, I strongly suggest a Board Certified attorney in the area of Personal Injury Trial Law. We would be happy to consult with you with no obligation and no charge for the initial consult.

    Paul Colley, Jr.
    www.colleylaw.net

  4. Richard Kurt Arbuckle

    Pro

    Contributor Level 19

    1

    Lawyer agrees

    Answered . An experienced lawyer in this kind of case can help you. Your daughter's mental and physical health need to be evaluated and the facts of the incident need to be reviewed. In Texas the criminal even if unknown can be joined in the claim and the amount your daughter receives can be lessened by the amount of fault a jury finds on the criminal, UNLESS the appartment is found more than 50% at fault. We have done a considerable amount of research on what it takes for a jury to make that descision and these are not hopeless cases by any means. So do get an attorney who has previous experience with appartment cases of this kind.

    This is not legal advice. You should always discuss the specifics of your issue in person with an attorney. Be... more
  5. David J. McCormick

    Contributor Level 20

    2

    Lawyers agree

    Answered . I agree, you should contact Attorney Agosto ASAP to discuss your daughter’s matter.

    DISCLAIMER: David J. McCormick is licensed to practice law in the State of Wisconsin and this answer is being... more
  6. David McCormack

    Contributor Level 10

    1

    Lawyer agrees

    Answered . Without knowing the law in Texas, there may be a viable action for negligent security or a similar action. You should contact an experienced local attorney to discuss any avenues available to your daughter.

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