The Stranger

Q: Yesterday, I arrived home from work.  Interestingly, the building’s front doors and interior security doors were open.  I walked up to my floor and saw a stranger on the staircase leading to the next floor.  As I entered my apartment, the stranger pushed me in, grabbed me around the throat and dragged me into the bedroom.

He pinned me to the bed, forcibly removed me jewelry and tied my hands behind my back.  As he left the bedroom to rummage through the apartment, I freed myself and shouted for a neighbor, causing the stranger to flee.  He was later apprehended and convicted of a series of crimes, including this awful attack.

A: If you sue the stranger, and he talks, then perhaps he will claim that he found the building doors locked and gained entrance by ringing buzzers until someone let him in.  Your case against the landlord is stronger if the stranger had entered the building through an open door.

Had tenants complained about the front doors’ being left open?  Had there previously been assaults or burglaries in the building?  Such evidence will help your lawyer establish that the landlord had actual notice of a particular recurring safety issue that was reasonably within its power to correct.  This is sufficient to establish constructive notice of what regrettably happened to you.

By: Scott Baron,
Attorney at Law Advertorial

The law responds to changed conditions; exceptions and variations abound. Here, the information is general; always seek out competent counsel. This article shall not be construed as legal advice.

Copyright © 2011-2020 Scott Baron & Associates, P.C. All rights reserved. 159-49 Cross Bay Boulevard, Howard Beach, New York 11414 1750 Central Park Ave, Yonkers, NY 10710 718-738-9800, 914-337-9800, 1-866-927-4878