Gross Negligence by Landlord - Burglary

[nanaII]

I forgot to add that I also have motion-sensor security lights outside of my home. A lot of good they did!

 

[south]

Yep that sounds about right..

I too have a story to tell one of woa..

I was sitting in my car at the lights with my radio on I looked down to grab a CD under the seat for about two seconds I looked back up and my radio was gone!

I jumped out the car looked down the street the car behind me honked to tell me to move I turned around and my car was gone even the car behind did not see where it went.

I tried to blame it on poor street lighting but the city would not pay.

Thieves will take what they want when they want ask the art galleries.

If your car is parked outside, other than sitting watch, there is not enough security that can be provided that will stop a break-in. I know, and will give you an example.

Three years ago, my son had a vehicle he wasn't driving, but asked if he could keep it at my home. He parked it in front of my garage door, which is impossible to see from the street. It was tarped and he had one of the loudest security systems I've ever heard on it, and the alarm was on. My ex-boyfriend was asleep on the couch. The windows and the door to my porch that overlooks the garage area was open. Something woke him, and he went out to investigate. God knows how, but someone had untied the tarp, broke a window to the vehicle, and managed to steal a $3k stereo system (that was bolted in) out of that vehicle without us waking up.

Of course, my son was mad, and someone blamed me, but accidents do happen. BTW, I filed a homeowner's insurance claim, and as a result, had my homeowner's insurance cancelled because of it (it was my first claim in 15 years).

Moral to the story? Don't put an expensive stereo system in your vehicle and expect it not to get stolen. And, you should carry full-coverage insurance.

 

[Jabby4evr777]

I had the stereo in my car for about 2 years, lived in NC and it never got stolen, then I moved to PA and it never got stolen there either. When we moved to FL recently we were staying in Jacksonville's Northside (that's the area where supposedly the most crimes are being commited), the stereo never got stolen. We moved into the supposedly "better" area of Jacksonville, the Southside, and 3 weeks later my car got broken into. Do I blame the landlord? You bet I do !! I blame him because he's too cheap to maintain HIS lamps to make it a little safer, I'm not saying that no break-ins would happen but it would be less likely. This landlord is not a landlord, he's a slumlord, he doesn't take care of any repairs or maintenance.

I didn't have full coverage with my car insurance because the premiums here in FL are outrageous as they are, just the liabiliy insurance costs us about $ 150 a month/12 months for 3 cars. I have just recently, after the burglary, "upgraded" to full coverage and I'm working 1/2 a week just for my car insurance (1 car).

 

[You Are Guilty]

Unless your landlord hired the theives, how do you propose he is responsible for the criminal acts of third parties?

Google up "superseding intervening cause" if you're still not convinced.

 

[ENASNI]

ew

Oh YAG... what a location you are in...
The Isle of Langerhans... thats just gross!
I LOVE IT!

 

[Jabby4evr777]

Liability

Landlord's Liability

The landlord has a duty to exercise reasonable care to inform his tenants of any hidden dangers and to repair dangerous defective conditions when the tenant gives him notice of their existence.

In common areas of the property, such as hallways shared by several tenants, the landlord must inspect the areas and make necessary repairs. However, he is only liable for injuries which occurred while the property was being used in the manner for which it was intended.

Your landlord is also liable for any negligence he commits while doing repair work in your apartment.

Finally, your landlord may even be liable for crimes committed against tenants by strangers, when they were reasonably foreseeable, and the landlord's negligence allowed the crime to happen.

http://www.pirg.org/floridapirg/consumer/renters/rrpage9.htm

Are you still so convinced that our landlord is completely innocent for what happened? The above is FLORIDA LAW.

 

[You Are Guilty]

A landlord is under NO duty to provide a "crime-free" area. While a landlord "can" be liable for criminal acts, there are a bunch of hoops you have to jump through first to get there and it looks like you just don't have them here.

Generally speaking, all the LL need prove is any one of the following:

1. he had no duty to provide you with security against the particular crime that was committed;

2. he provided "adequate" security and thus did not breach any duty;

3. the lack of security was not a proximate cause of the crime committed; or

4. the crime committed was attributable to the plaintiff's own negligence.

(And that's Florida law, too).

Oh YAG... what a location you are in...
The Isle of Langerhans... thats just gross!
I LOVE IT!

Thanks. It's actually part of the witness protection program - I didn't want to reveal that I'm really from McBurney's Point.

 

[Jabby4evr777]

Landlord is still LIABLE

A landlord is under NO duty to provide a "crime-free" area. While a landlord "can" be liable for criminal acts, there are a bunch of hoops you have to jump through first to get there and it looks like you just don't have them here.

Generally speaking, all the LL need prove is any one of the following:

1. he had no duty to provide you with security against the particular crime that was committed;

The landlord has a duty to exercise reasonable care to inform his tenants of any hidden dangers and to repair dangerous defective conditions when the tenant gives him notice of their existence.

2. he provided "adequate" security and thus did not breach any duty;

He DID NOT provide ANY security.

3. the lack of security was not a proximate cause of the crime committed; or

IF the landlord would have invested a FEW DOLLARS for light bulbs, these crimes would have been A LOT LESS LIKELY.

4. the crime committed was attributable to the plaintiff's own negligence.

The ONLY thing I did wrong is to park my car in my LANDLORD'S PARKING LOT.
I LOCKED my car, I have a radio with a detachable faceplace (which was removed and in my purse) I have dark tinted windows in the back of my car, I did NOT have anything of value VISIBLE for anyone to see and to attract thieves. I have NEVER had the music running when I drove into the apartment complex, I might be blonde but I know better than that, I never wanted to attract criminals that I have a nice stereo system in my car.

(And that's Florida law, too).

Thanks. It's actually part of the witness protection program - I didn't want to reveal that I'm really from McBurney's Point.

The lawyer I work for could not represent me if he wanted to, he's the legal counsel in the same company I work for, without him I wouldn't even know that I had a case.

 

[You Are Guilty]

The lawyer I work for could not represent me if he wanted to, he's the legal counsel in the same company I work for, without him I wouldn't even know that I had a case.

That's because you don't. What kind of law does he practice?

Unfortunately, I have a paying client I need to draft something for now, so I will (try to) explain why your reasoning in the above post is flat out incorrect later. But while you're waiting, google up "proximate cause" and "intervening acts" and you'll be well on your way to enlightenment.

 

[south]

You state 'the crimes would have been a lot less likely if there were bulbs'

So its still not a 100% and your are dreaming if you think the landlord is responsible for your woofers. Why not go and buy some $10000 spinners and when they go missing expect the landlord to pay that too.

 

[SkeeterBug]

It happened to me

A thief will steal no matter what. I had my truck parked under a motion light and I had 2 dogs that bark when people approach and still someone broke into my truck and stole 2 vcrs hidden behind the seat that did not work. my quesiton is why did you even move into the complex. did you even pay attention to things like no light bulbs when you looked at place.

 

[goaded]

I had my truck broken into twice while I was at college - the first time they ripped my entire stereo out, amps, speakers, subs, stereo - about 1800 worth of equipment. At the time I didnt have full coverage so I had to bite the bullet. I replaced it with a cheapo and sure enough a couple months later it was stolen.

This college made students PAY for parking stickers - as such I believe they SHOULD have been required to provide safe parking - no cigar - they did nothing to help me through those horrible times even though I was paying for it. I reckon I could have filed a law suit, but not something a student is going to do.

These sort of things just make you want to club someone with a ball bat!

 

[Who's Liable?]

The funny thing is, most police stations have a break down of all crimes committed within their city boundaries. While this would not prevent a crime happening in your area, it does shed light into what crimes are committed in certain areas...

 

[Jabby4evr777]

Lease doesn't say anything about landlord not being liable

Well, finally, after obtaining a lease from a neighbor (we still haven't signed a lease) I read the whole thing and didn't find ANYTHING about the landlord NOT being liable for the parking lots. The only thing I found is this which applies to tenants' property IN the apartments, otherwise he would have probably stated something like "this includes everything on the premises" or "this includes the common areas and parking lots":

6. Tenant understands that the landlord does not insure personal property belonging to tenant against any hazard nor does landlord provide liability insurance or any other coverage for the benefit of tenant, and tenant is advised to obtain such insurance coverage as he deems appropriate.

Plus, I found this on the web too:

Negligence

Not only are people responsible for the intentional harm they cause, but their failure to act as a reasonable person would be expected to act in similar circumstances (i.e. "negligence") will also give rise to compensation. Negligence, if it causes injury to another, can give rise to a liability suit under tort. Negligence is always assessed having regards to the circumstances and to the standard of care which would reasonably be expected of a person in similar circumstances. Everybody has a duty to ensure that their actions do not cause harm to others. Between negligence and the intentional act there lies yet another, more serious type of negligence which is called gross negligence. Gross negligence is any action or an omission in reckless disregard of the consequences to the safety or property of another. See also contributory negligence and comparative negligence.

http://www.leanlegal.com/dictionary/n.asp

Gross Negligence Law and Legal Definition

Every person is responsible for injury to the person or property of another, caused by his or her negligence. Gross negligence involves a reckless disregard for the safety of others, and may be the basis for an award of punitive damages, in addition to general and special damages. It typically involves intentional or willful indifference or lack of care. Gross negligence is a failure to use even the slightest degree of care.

http://www.uslegalforms.com/lawdigest/legaldefinitions.php/gross_negligence.htm

 

[south]

AMAZING! How tenants read things for they would like it to say: You are not covered and you are responsible for your own personal items whilst renting a unit on this property turn the contract any way you want the landlord does not owe anything to you.

The only thing I found is this which applies to tenants' property IN the apartments,

Where does the below quote state IN the apartments

6. Tenant understands that the landlord does not insure personal property belonging to tenant against any hazard nor does landlord provide liability insurance or any other coverage for the benefit of tenant, and tenant is advised to obtain such insurance coverage as he deems appropriate This clause clearly states tenants are advised to get insurance coverage if they want because the landlord does not cover personal property.

Well that says leave the landlord alone.

Negligence.

That is why you get car insurance, landlord is not responsible for all vehicles parked on his lot, or do you think if a light bulb goes out and or some rubbish blows into the parking area your car insurance company automaticaly transfers responsibility to the landlord?