Who is liable for a criminal assault at an apartment, condo or even business or commercial property? This question has been a topic of higher scrutiny in the aftermath of the recent criminal beating of a fan at Dodger Stadium post game. The injured party has an ongoing claim against the owner of the stadium for lack of security post game. If you missed that news, here is a short commentary on that assault that made national headline news. A Visit to the Ballpark Should Not Lead to Injury or Death. Here is another twist on that same kind of case. You or someone you know comes home from a club after a night on the town and is the victim of a criminal assault at your apartment or condo. Who is liable for this assault? The criminal is highly unlikely to be financially solvent and thus probably judgment proof. Although the club might be responsible, it would be a tough case to prove. The more likely target defendant is the apartment or condo complex. Criminal assault victims routinely pursue claims against residential or commercial property owners based on any of the following:
- Property access may be faulty, no limiting of access by fencing, landscaping, or by other designs.
- Lighting may not be up to code or otherwise not adequate, or not maintained.
- Security equipment such as locks and closed circuit monitors may be lacking or inadequate.
- Security guards may not have acted properly or may not have been trained properly.
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