Homeowner Liability for Assault by a Roommate

Living with roommates has always been popular options for those who either cannot afford to live on their own or who just do not want to live on their own. In most situations, the roommates know each other before agreeing to live together; they could be friends, coworkers, classmates, and even family. However, not all roommate situations follow what we traditionally know. In fact, some homeowners seek out different renters to be roommates and share the property.

Although the option of homeowners finding roommates can be convenient for some, it could also be quite dangerous – especially considering that the roommates will be strangers. Unfortunately, homeowners can fail to screen prospective tenants properly, which can create a dangerous situation.

Were you sexually assaulted by a roommate? Did you suffer assault and battery at the hands of your roommate? If so, you might have grounds to take action against the homeowner. For more information about your right to file a lawsuit for the harm that you suffered at the hands of your roommate, you should contact the experts at our law firm as soon as possible.

Here at Normandie Law Firm, our experts have decades of experience handling all sorts of injury claims – always completely dedicated to representing victims harmed by the negligent actions of other parties or entities. Our lawyers are experienced in assault and battery cases and sexual assault cases and are ready to help you hold the negligent homeowner accountable for the harm that you suffered at the hands of your roommate. If you are ready to discuss your claim with our attorneys, contact us today.

Homeowner Liability based on California Law

Homeowners could be liable for any harm that a tenant suffers at the hands of his or her roommate. Homeowners can face liability if they knew that a tenant or prospective tenant represented a danger to others on their property. If the homeowner was aware of the threat to other tenants and fails to take any action to prevent incidents, then the homeowner could be found negligent and liable for the harm that the victim suffers. Some of the actions that homeowners can take to prevent incidents could include not renting to the prospective tenant, evicting the tenant, etc.

Typically, landlords subject all prospective tenants to background checks, which could be very helpful in identifying red flags that could ultimately lead to dangerous situations. In California, landlords are not required to screen any prospective tenant’s criminal record; however, most of them decide to screen prospective tenants regardless.

Homeowners/landlords can effectively screen prospective tenants. However, based on California law, consumer reports (or background checks) cannot include information on arrests, indictments, or misdemeanors that did not lead to a conviction; any crimes that occurred more than seven years ago will not show up on these reports. Therefore, background checks can be misleading, and homeowners could believe that prospective tenants are all clear to live on their property.

Although background checks seem to be the most important factor when it comes to ensuring that roommate situations don’t result in incidents, there are many other things that homeowners can do to address risks to other roommates. For example, homeowners can ensure that private rooms have a security lock. In addition, homeowners must take any reports or allegations seriously. If one roommate feels unsafe or threatened by another roommate, then the homeowner must take immediate action, for instance. Failure to due so can leave the homeowner liable for any harm that occurs.

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Roommate Attacks in Rental Property

Unfortunately, roommate attacks in rental properties are very common. Assault and battery incidents and sexual assault incidents can have severe effects on affected parties.

Assault and battery consists of two very different elements. Assault is defined as the attempt or threat to harm another person. Battery, on the other hand, is defined as the use of force or violence upon another person. Together, assault and battery is essentially threatening violence and going through with the violence. Assault and battery incidents can result in a number of injuries, including but not limited to the following: head injuries, brain injuries, fractures, sprains/strains, lacerations, internal injuries, hemorrhaging, etc.

Sexual assault consists of any sexual contact or sexual behavior that occurs without the explicit consent of the victim. Sexual assault looks different from case to case. Sexual assault includes the following: rape and attempted rape; groping, fondling, or any unwanted sexual touching; forcing the victim to perform any sexual acts. Sexual assault can have severe consequences on victims. In addition to physical injuries, including fractures, scratches, bruising, injuries to genitals, internal injuries to reproductive system, etc., victims are likely to suffer severe mental and emotional harm, which can include depression, anxiety, post-traumatic stress, for instance.

Can You Sue?

Can I sue a homeowner? Can I file a claim against a homeowner if I was attacked by my roommate? As explained above, the homeowner could be liable for any harm that you suffer at the hands of your roommate – given that the homeowner knew or should have known of the danger that your roommate represented. What does this mean? If the homeowner is liable, then you could sue for the harm that you suffered. In fact, you could sue the homeowner and as such, you can have a claim against the property owner insurance (or the homeowner insurance). If you were harmed by your roommate, then you can go after the homeowner legally and potentially recover a significant amount of compensation for the harm that you suffered.

Can I file a claim against homeowners’ insurance? Do I have a case? For more information about your right to pursue a lawsuit and recover compensation, do not hesitate tow contact our experts today.

What Could You Recover?

Depending on the details surrounding your assault case – whether you were sexually assaulted or the victim of assault and battery – you could sue and recover compensation. What could you recover? Although every claim is different, you could be eligible to recover compensation for some of the following:

• Medical expenses
• Lost wages
• Pain and suffering
• Funeral and burial costs
• Loss of consortium
• Punitive damages
• Legal expenses

For more information about the type and amount of compensation that you could recover, you should seek legal assistance with the experts at our firm as soon as possible. Our experts are ready to evaluate your claim and help you recover the highest amount of compensation available.

What Should You Do?

If you were the victim of assault and battery or sexual assault at the hands of your roommate, there are a number of things that you could do to prepare to take action against the homeowner. What do I do? Should I file a police report? Consider the following suggestions:

• Seek medical care as soon as possible
• Photograph all your injuries
• File a police report as soon as possible
• Report the incident to your landlord as soon as possible
• Speak to witnesses and collect their contact information
• Gather any surveillance footage that might have captured the incident
• Gather all relevant medical records
• Gather all records of lost wages
• Seek legal assistance as soon as possible

Contact Normandie Law Firm Today

If you were attacked by your roommate, you might have grounds to file a lawsuit against the homeowner – especially if the homeowner was aware or should have been aware of the dangerous behavior. For more information about your right to sue the homeowner for the harm that you suffered due to a roommate sexual assault or roommate assault and battery, do not hesitate to contact the experts at our firm as soon as possible. Here at Normandie Law Firm, our personal injury attorneys are ready to provide you with the guidance that you need to take action against the homeowner and sue for the harm that you suffered at the hands of your homeowner. If you are ready to speak to our experts, contact us today.

Where can I find a lawyer that can help me with my claim? Here at our law firm, our experienced attorneys are ready to fight for your rights. We are proud to offer free legal services, which include free consultations and free second opinions. During these legal services, our attorneys will answer all your questions and address all your concerns. If you would like to benefit from our free legal services, contact us today.

We offer a Zero-Fee guarantee, so you will never have to worry about paying upfront legal fees for our legal services. In addition, we work on contingency; therefore, you will not have to pay anything until winning your claim.

Do not hesitate to contact us as soon as possible.

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