You have an expectation of safety in your own home. Your landlord has a corresponding duty to maintain safe premises where you are not at risk of attack, and may be held liable for failing to provide an adequate level of security. If you were attacked in your home, in common areas or on the grounds of your apartment complex, Gumprecht Law Firm holds your landlord accountable for inadequate security.
Gumprecht Law Firm is an experienced personal injury law firm that takes on complex cases involving inadequate security. We offer victims compassion, confidentiality and respect as we pursue all available legal remedies.
We understand that the days and weeks following an attack are traumatic and you need to focus on your recovery, and we urge you to call our office as soon as you can to begin an investigation into your civil lawsuit. Early investigation gives you a stronger opportunity for legal recovery before evidence is destroyed or mishandled. We can also work with prosecutors and law enforcement to protect your rights during the difficult ordeal. Georgia injury lawyer Michael Gumprecht is available 24/7 so you can discuss your claim immediately.
Criminal Versus Civil Remedies
Hopefully, after an attack, the perpetrator is caught and brought to justice. A conviction may result in a prison sentence, probation and restitution. However, the restitution will not be enough to fully cover your damages and, most likely, is unrecoverable from an insolvent defendant who also may be jailed for a long time.
Fortunately, you can simultaneously pursue your civil remedies against the property owner. Even if the suspect is never apprehended or is acquitted, you may still have the right to damages recovery in the civil courts.
Your cause of action is based upon a theory of premises liability, which has different standards and elements of proof. The prosecutor has a duty to show that the suspect committed the crime beyond a reasonable doubt. However, you are held to the lesser standard of preponderance of the evidence, or more likely than not, that the landlord provided inadequate security that directly caused your attack and resulted in your injuries.
In most cases, the landlord will claim not to be responsible for the acts of a violent criminal. We counter this defense by demonstrating that the landlord knew about the inadequate security, that the dangerous condition existed for a long time and the landlord did nothing about it.
As with any type of premises liability claim, you have to prove that the landlord knew (or should have known) about the dangerous condition. We can often prove the knowledge element through evidence of tenants’ complaints.
We subpoena communications made between the tenants and landlord regarding illegal activity, broken locks, burnt out light bulbs and overgrown bushes. We also review police reports that show a pattern of crime in the area or against other tenants in the apartment complex.
Call an Experienced Georgia Injury Lawyer to Recover From a Negligent Apartment Complex Owner
Being the victim of a violent crime is a life-changing event that can leave permanent physical and emotional scars. Gumprecht Law Firm can help you through the traumatic event. Call a Georgia injury lawyer at 678-800-1050 for a free consultation 24/7. We represent you on a contingency fee basis, so you are not billed for attorneys’ fees unless you recover damages.