Sexual Assault Injury due to Broken Locks on Entry Doors in Apartment Buildings: Crime Related Injury Lawyer
Experienced Premise Liability Injury Attorney providing Personal Injury representation involving Criminal Sexual Assault Injury due to Broken Locks on Entry Doors in Apartment Buildings throughout the State of Ohio.
Call TOLL FREE: (800) 848-5297 today to schedule a Free Consultation with on of our Experienced Criminal Activity Related Personal Injury Attorneys.
Ohio Negligent Security Attorney: Sexual Assault Due to Broken Locks
A residential tenant should feel secure within their own home. However, when apartment owners and landlords neglect essential security features—such as leaving broken locks on entry doors—they create a direct avenue for violent criminal sexual assault and attack.
In Ohio, landlords have a legal duty to maintain the safety of their premises, including functional locks on common area and apartment unit doors. If you or a loved one suffered a criminal sexual assault because the property owner failed to repair or replace broken security devices, our experienced Personal Injury Attorney team can help. We specialize in Negligent Security and Premises Liability claims, fighting to hold negligent landlords financially responsible.
Landlord's Duty to Maintain Locks Under Ohio Revised Code
Ohio law places specific obligations on residential landlords. Specifically, Ohio Revised Code (R.C.) 5321.04(A)(2) requires a landlord to "make all repairs and do whatever is reasonably necessary to put and keep the premises in a fit and habitable condition." A broken, non-functioning, or inadequate lock on an entry door directly compromises the habitability and safety of the unit or common area.
A successful Negligent Security claim relies on proving the landlord breached this duty and that the criminal sexual assault was foreseeable:
- Breach of Statutory Duty: The landlord violated R.C. 5321.04 by failing to repair broken locks after being notified, or by failing to proactively maintain security devices, thereby making the property vulnerable.
- Foreseeability: We utilize Ohio's Totality of the Circumstances Test to prove the criminal act was foreseeable. This involves reviewing prior incidents, police reports, and crime rates in the neighborhood to show the landlord had notice that security failure would likely lead to an attack.
- Actual or Constructive Notice: The landlord had actual notice (e.g., the tenant reported the broken lock in writing) or constructive notice (the lock had been obviously broken for an extended period) but failed to act within a reasonable time.
Proving Direct Causation: Broken Locks Enabling Assault
For a Premises Liability claim to succeed in Ohio, we must prove that the landlord's negligence—the failure to fix the broken locks—was the direct and proximate cause of the criminal sexual assault. The negligent condition must have directly enabled the assailant's access.
- Unsecured Access: We argue that the broken lock allowed the assailant easy, non-forced entry into the building's common area or the tenant's unit, proving that a working lock would have prevented or deterred the crime.
- Specific Knowledge: If the tenant provided written notice of the broken lock and the landlord neglected the repair, this demonstrates a heightened level of negligence and a direct link between the inaction and the resulting sexual assault.
- Violent Crime History: The failure to maintain basic physical security is especially egregious when the apartment complex is located in an area with a history of past break-ins, assaults, or sex offenses.
Evidence, Damages, & Ohio's Statute of Limitations
A criminal sexual assault inflicts life-altering physical, emotional, and psychological injuries. We work immediately to preserve evidence that proves landlord negligence:
- Written Communications: Gathering all emails, texts, and certified letters used by the tenant to notify the landlord of the broken locks.
- Forensic Documentation: Working with experts to document the condition of the entry door and lock mechanism immediately following the assault to prove its defective state.
- Crime Statistics: Collecting police records and data to establish the foreseeability of criminal activity at the specific property address.
The statute of limitations for most personal injury claims in Ohio (R.C. 2305.10) is typically two years from the date of the criminal sexual assault. Victims are entitled to recover compensation for extensive medical costs, psychological counseling and therapy, lost wages, and profound non-economic damages, including pain and suffering and emotional distress.
Contact Our Ohio Personal Injury Attorneys Today
If you or a loved one suffered a criminal sexual assault due to a landlord’s failure to fix broken locks on entry doors at an apartment complex in Ohio, contact our compassionate and experienced legal team.