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With my apartment

New Rochelle, NY |

we have a car parking spot. The building keeps sending emails because there have been increased break ins and rumored assaults in the parking lot. They send these email but do nothing regarding security or to make the lot more inaccessible to outsiders. If I am assaulted in the lot, would I potentially have a cause of action to sue them?

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Attorney answers 7

Posted

It would be a very difficult case. A preliminary question would be whether or not the parking lot is within the building structure or is outside. Also is there public access to this lot or is there a locked gate/security booth etc?

Regardless hopefully nothing will ever happen. I suggest you write a certified letter to the building management expressing your concerns and your concrete suggestions for improvement of the security.

Good luck and I hope for your continued safety.

The aforementioned opinion does not constitute legal advice and is for general educational purposes only. See an attorney licensed in your jurisdiction for competent legal advice. No attorney-client relationship has been formed through the within legal question and answer session.

Posted

Probably. In New York, Landlords are responsible for the criminal acts of 3rd parties in common areas but only it they had prior notice of a dangerous condition. It seems that they do know about the break-ins and lack of security.

Posted

Depends on many things, such as type of previous assaults on the property etc etc. - security cases are often difficult. Maybe a group of the tenants can meet with the management & discuss this matter. Hopeful;y nothing like that will happen to you or the other tenants - if so, immediately contact a local personal injury attorney.

This is not intended to be legal advise or as legal representation. I am a California personal injury attorney . Be aware that every state has its own statute of limitations; and statutes & case laws that govern the handling of these matters.

Posted

Possibly

Posted

Negligent security cases are very fact specific. Generally, if the property owner was on notice of prior criminal activity and took no measures to provide security, the property owner can be liable for assaults on the property. Case law is pretty clear on this. The common-law duty of a possessor of land to maintain the public areas of his property in a reasonably safe condition for those who use, includes the obligation to take minimal precautions to protect members of the public from the reasonably foreseeable criminal acts of third persons (Leyva v Riverbay Corp., 206 AD2d 150,620 NYS2d 3 [1st Dept 1994], citing Miller v State of New York, 62 N.Y.2d 506, 513, 478 NYS2d 829; Nallan v Helmsley-Spear, Inc., 50 NY2d 507, 519, 429 NYS2d 606, supra).

Get a consultation with a qualified personal injury attorney.

My firm is a second generation family firm successfully handling personal injury and medical malpractice cases for over 35 years. "Let Our Family Help Your Family" www.kileylawfirm.com 516 466-7900

Posted

Possibly

Posted

Possibly an inadequate security claim.

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