You’re visiting a friend, attending a party, or doing some work at a condo complex when a threatening person pulls a deadly weapon on you, putting you in fear for your life. It’s hard to imagine a more terrifying situation.
If you were assaulted with a knife or a gun at a condo complex in Florida, you are probably still processing what happened to you and working to see that the person who attacked you is punished appropriately under the law.
However, the attacker may not be the only person responsible for the assault. Were you attacked in an area with poor lighting or no security guards? If the condominium association failed to provide adequate security to keep the premises safe, they may share responsibility for what happened under Florida’s premises liability laws.
Hold owners and managers responsible for the safety of their property with the help of Tomlinson Law Group. We are an experienced and aggressive premises liability law firm serving Coral Springs, Florida, and we are committed to protecting your rights. Contact us today for your free consultation.
What Is Aggravated Assault?
People sometimes assume that the word “assault” refers to physically striking another person, but that is actually the crime of battery. Under Florida law, an assault is any act that intentionally puts another person in fear of physical violence. Aggravated assault is either assault performed with a deadly weapon but without the intent to kill, or assault with the intent to commit a felony.
If a person pulls a knife or a gun on you and threatens you with violence, that person has committed aggravated assault against you—a third-degree felony. However, while that person is obviously responsible for committing the crime, they are not the only person you could hold liable for what you experienced.
Condominium Properties
Under Florida law, a condominium is a type of property owned by one or more people and managed by a condo association. The owners enjoy an undivided share in any common elements of the condominium property, such as parking lots, stairways, and other common areas.
If an attacker assaulted you at a condo complex, the condominium owner and the condo association may both be liable for the harm you experienced, including medical expenses and pain and suffering.
It all depends on where the assault happened and who had the right to control access to that property. Florida courts have found that whoever controls access to the premises can be held liable for the actions of third parties on the property. If you were assaulted inside a condo by a guest of the owner, then the owner may be liable. If you were assaulted elsewhere in the condo complex, then the condominium association may be liable. Both parties may be liable in some situations.
Who Can Sue for Premises Liability?
Whether you can sue for premises liability depends in part on what you were doing on the property. Florida recognizes different types of visitors to a property, with different relationships to the owners or managers of that property.
For instance, the condo association owes the highest duty of care to people it invited onto the property, such as workers doing repairs. The association owes a lower duty of care to social guests of the individual owners, such as people attending a party at one of the condos. The association owes the lowest duty of care to trespassers who are on the property without permission and most likely without the association’s knowledge.
If you were trespassing in the condo complex, you probably cannot sue the condo association if someone in the complex assaulted you. If you were there with permission, you must prove that the condo association knew or should have known about a potential hazard and did nothing to fix it and that the hazard led directly to the assault.
Negligent Security
The condo association may be liable for an assault if it knew or should have known of a dangerous security condition but did nothing to remedy the situation. For instance, the association may be held responsible for conditions such as:
- Poor lighting in elevators, stairwells, or parking lots
- No security cameras or broken security cameras
- No security guards on the property or in the area where the assault occurred
- Broken door locks
For your suit to succeed, you or your lawyer would have to prove that the condo association knew about the poor lighting or the lack of security guards, that it could have foreseen the risk that you would be assaulted, and that it did nothing to address the problem and thereby prevent the assault.
Florida’s Statute of Limitations
If you were the victim of an aggravated assault, don’t delay in filing your lawsuit. The Florida Statute of Limitations in this type of case is two years, meaning that your case will probably be dismissed if you file suit after this two-year deadline has ended.
Insurance companies will sometimes delay a settlement offer in hopes of running out the clock on the two years and leaving the victim with no option to file a lawsuit. Don’t wait too long for the insurance company to make you a reasonable offer. Hire an experienced premises liability lawyer who can apply pressure during negotiations.
Contact Our Premises Liability Lawyer Today
If you’ve had an experience as traumatic and upsetting as an aggravated assault, you need all the help you can find to get your life back to normal.
Whether you’re a condominium owner who was attacked in a stairwell or a guest who was assaulted at a party in the condo complex, a skilled premises liability lawyer can help you hold the condo association accountable.Tomlinson Law Group has more than 100 successful settlements, mediations, and lawsuits. We pride ourselves on our results-oriented approach, which is defined by integrity, trust, and accountability. Tomlinson Law Group has the work ethic, legal knowledge, and experience you can trust when the stakes are high. Contact us today for a free consultation with a premises liability lawyer in Coral Springs, FL.