Whether they are government owned, government-subsidized or otherwise, all housing complexes have an obligation to keep their residents safe. If you were raped in your public housing complex, you could have a civil case against NYCHA, the property’s owner or manager. Yet, to recover compensation, the burden of proof is on you. You will need to show that you were assaulted in your housing complex and that it was due to the negligence of the complex’s management.
A Bronx rape in public housing due to negligent security lawyer can handle and manage your case while you recuperate from this traumatic event. At Dansker & Aspromonte Associates, we can help you recover compensation for your pain and suffering, health care expenses including necessary mental health care treatment and lost wages. We will do everything possible to hold the negligent parties accountable for your damages.
To learn more about your legal options in a free, no-risk case review, call (212) 732-2929. A member of our team can listen to the facts of your case and help you take legal action.
Examples of Negligent Security Measures
Your residence’s management is responsible for maintaining the property and keeping it safe. If the NYCHA, private landlord, property manager, or superintendent failed in this obligation, they could be held responsible for your damages and related expenses.
Some examples of negligent security measures include:
- Broken locks or doors
- Non-functioning or broken security systems
- A lack of security personnel
- Inadequate lighting
You could also hold the property owner accountable if they knew of a potential hazard but failed to address it. For instance, if they knew that a sex offender was breaking into nearby complexes but failed to take reasonable steps to maintain the complex safe for its residents and visitors, they could be held responsible for your damages and losses.
How Your Lawyer Can Build Your Case
Your lawyer will build your case in multiple ways. To lay the foundation of your case, they will need to gather evidence. This could involve visiting your housing complex, speaking with law enforcement officials, speaking with other residents and consulting with housing and security experts.
From there, your lawyer will use the information they find to establish:
Duty of Care
Your lawyer must demonstrate that your landlord had a legal obligation to maintain the premises in a reasonably safe condition to prevent such attacks. Such duties include maintaining and repairing the entrances and exits to your building and implementing proper security measures.
Breach of Duty of Care
Your lawyer will need to show that the property owner failed in their obligation to keep and maintain the building in a manner that prevents potential wrongdoers from easily gaining access to the premises in order to keep residents and visitors safe. They can do this by demonstrating how the condition of the property allowed your attacker to gain access and by showing other prior similar events or attacks that have occurred at the property, as well as by presenting other forms of evidence.
Your lawyer must demonstrate that your assault was perpetrated because of the negligent manner in which the complex was operated and by demonstrating that the security system and practices in place were defective.
Finally, your lawyer must show that you have sustained damages as a result of the incident. These damages could include your pain and suffering, medical bills and lost income, among others.
In some situations, you may be able to resolve your case through a settlement. However, if the liable party refuses to accept responsibility or fails to make a fair settlement offer, your lawyer can proceed to trial to seek the full and fair monetary award that you deserve. A Bronx rape in public housing due to negligent security lawyer can help you navigate this challenging time.
To learn more about your case’s potential, call Dansker & Aspromonte Associates today at (212) 732-2929.
Compensable Damages in Your Negligent Security Case
Your lawyer will seek to hold the negligent party accountable for your damages. The types of damages you can recover will be based on the details of your situation.
In the past, Dansker & Aspromonte Associates has helped claimants recover compensation for:
Pain and Suffering
You could receive compensation for the physical pain and trauma of your assault. Your lawyer will work with you and the medical professionals to determine the extent of these damages.
You may have required extensive medical treatment including therapy and counselling as a result of your assault. If so, your lawyer will fight to obtain compensation for these costly expenses. This includes compensation for your medications, treatment, and follow-up care.
Your assault may have caused you to miss time from work or prevented you from returning to work. Your lawyer can review your employment records and benefits to determine the value of these losses.
Mental Health Counseling
You may require mental health treatment and counseling to help you recover from this event.
You may be able to recover compensation for further damages not included on this list. The American Bar Association notes that you may be able to recover compensation for physical disability or disfigurement.
Your lawyer can calculate the value of your damages, negotiate a settlement, and advocate for your legal rights and proceed to trial, if necessary. You do not need to go through this hard time alone. To discuss your legal options in a free case review, call Dansker & Aspromonte Associates today.
Get in Touch with Dansker & Aspromonte Associates
Since 1988, our law firm has helped injured claimants recover over $450 million in damages. We help claimants across the New York City metropolitan area, including Staten Island, Brooklyn, Queens, Manhattan, the Bronx, and Nassau and Suffolk counties.
A Bronx rape in public housing due to negligent security lawyer can:
- Gather evidence of the property owner’s negligence
- Consult with experts in the field of public housing and security to build your case
- Establish negligence
- Fight for a fair settlement offer
- Evaluate the value of your damages
- Identify all potentially liable parties
- Argue your case to a jury at trial , if necessary
Be aware that your time to make a claim and pursue a case is extremely limited when the liable party is a governmental entity such as NYCHA. There is a requirement to file a Notice of Claim within ninety (90) days of the incident and the failure to do so may cause you to lose your right to make a claim forever. For this and many other reasons it is imperative that you seek a confidential legal consultation as soon as possible.To discuss your legal options with a member of our team, call Dansker & Aspromonte Associates at (212) 732-2929.