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  1. #1
    Join Date
    Feb 2008
    Posts
    13

    Default Attacked In My Apartment, Suspect Escaped Through Broken Gate Left Unrepaired

    My question involves an injury that occurred in the state of: texas
    a friend and i were pulling out of a parking place in my apts. when a crazy driver driving fast and erattically almost hit us and several other cars. we turned around pulled up next to him and asked him to slow down because he could have killed someone. he became belligerent and ended up trying to run us over. my friend has a broken hand and i was ran over and suffering from back pain. my friends truck was also damaged. i called 911 and the suspect was able to escape through a gate that has been broken for weeks now. there is still yellow tape up where the gate should be secured. the gate is not an entrance nor an exit because we have security gates that can only be entered if a resident lets someone in. the suspect is being charged with agg assault w/ a deadly weapon, however my friend nor i have medical insurance. i am also suffering severe emotional distress due to fear of retribution. can the apts be sued or shall i persue the suspects insurance company if he has one? we don't even have any info on the suspect yet from the police. please help!!

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Attacked in My Apts. & Suspect Escaped Through Broken Gate That Hasn't Been Repai

    can the apts be sued
    did they promise you nobody that was not permitted would never get in the compound?

    that answer is the answer to your question.

  3. #3

    Default Re: Attacked in My Apts. & Suspect Escaped Through Broken Gate That Hasn't Been Repai

    Third party liability when someone is injured in the course of a criminal act generally only comes into play when the third party (the apartment complex in this case) had some duty to the injured party and failed in that duty. So for example, if the management had been notified that there was a problem with people creating a dangerous situation by zooming through the parking lot, and they did nothing to rectify the situation (within reason - such as putting up a SLOW DOWN sign, or installing a few speed bumps, or putting a reminder in the monthly newsletter), then that might create a liability for them. But an apartment complex, even gated ones, aren't under any obligation to also serve as jails or prisons or have any duty to keep people within the bounds of the complex for any reason.

    You can attempt to go after the driver's insurance company, but most policies do NOT cover defendants while they are engaged in criminal acts. Work with your own insurance company first and then file a claim with the Texas Crime Victim Compensation Board (see http://www.oag.state.tx.us/victims/cvc.shtml ).

  4. #4
    Join Date
    Nov 2007
    Posts
    811

    Default Re: Attacked in My Apts. & Suspect Escaped Through Broken Gate That Hasn't Been Repai

    Yes, of course they can be sued. If you find an attorney that will take the case you can bet that they can be sued individually or named as a defendant.

    ...but can they be dismissed from the suit if named as a defendant.
    ...but can you win the suit if they are named individually?

    The chance of winning in a court of law would be slim, winning in arbitration would be impossible, and settling out of court might be a slim possibility. Talk to a PI attorney.

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