Security Failure? Our Legal Take: Assaul in Elderly Apartment Home
A burglar reportedly forced his way into an elderly and disabled apartment building in Schenectady and sexually assaulted a resident Saturday night, February 13, 2016.
According to News 10, the intruder forced his way into an elderly resident’s apartment, shortly after 9:00pm, and assaulted and burglarized the victim. The victim’s current condition has not been released.
The building, municipal housing for elderly and disabled residents, apparently requires a key. However, one resident reportedly told News 10 that she “reported the door broken two weeks ago.” News 10 demonstrated the exterior door was still broken days after the assault, leaving many residents terrified for their safety.
Police have allegedly since charged a suspect with first degree burglary and one count of criminal sexual act in the first degree.
Our Legal Take
Apartment complex residents have a right to feel safe and secure within the community. Given the reported history of resident complaints, The Murray Law Firm questions the level of security provided at the apartment complex, and whether this unconscionable assault may have been prevented.
- How did the assailant gain entry to the property? What access controls and security measures, such as ID-controlled entry, bright lighting, surveillance cameras, and security patrols, were in place at the time of the assault?
- Did the intruder gain entry through a broken building door and, if so, were any attempts made to secure this entry point in the two weeks following alleged resident reports?
Generally, property owners are required to protect all residents legally on the premises from any foreseeable harm. Should the facts of this matter reveal that the apartment complex owner or management company failed to provide adequate security to protect those on its premises, the victim and her family may seek justice and elect to pursue a legal claim for her injuries and suffering.
Given the complexities of pursuing a negligent security case, it is imperative that the victim retain an experienced attorney who can ensure the preservation of any and all evidence that may support such a claim. Based upon its prior experience in handling apartment security negligence claims, The Murray Law Firm suggests that photographs and a thorough, unbiased inspection of the property will need to be performed immediately, before any evidence may be repaired, damaged or destroyed.
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The Murray Law Firm has an extensive and successful record representing victims of violence and security negligence. We have recovered millions of dollars for our Clients, and recently obtained a $29.25 million dollar verdict for a victim of an unsafe property. We offer our legal assistance, if desired.
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