Assaulted in a Gated Community – Who is Responsible?

Gated communities are upscale residential estates with strict security measures, including walls, fences, and locked gates that are monitored by security guards. The enhanced safety at these places appeals to many people, who are willing to pay the exorbitant fees that are charged by the housing association. But security measures are not always foolproof, and there are incidents where people are robbed, beaten, or sexually assaulted within a gated community.

As the victim of such an incident, it’s important to obtain legal advice from an experienced personal injury attorney. If you were injured due to negligence by the community or homeowners association, property management company, security firm, or any other entity, you may have grounds for a personal injury lawsuit. To learn more about the legal options that are available to you, call us and speak to a lawyer with experience in assault and battery claims.

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Assault and Battery in a Gated Community – Who is Responsible?

Establishing liability, i.e., who is responsible for an incident of assault is critical to a lawsuit against the negligent parties. Most of these incidents happen due to lack of security or breach in security measures, but who is responsible for these issues at a gated community?

The answer depends on various circumstances, including how liability for an accident is split between the homeowners, the association, security company, etc. We must also identity the exact issue that caused or contributed to you being assaulted on the premises. For example, the locks on one of the entrances may have been compromised, and as a result, a vagrant entered the community and assaulted someone during a robbery.

Sometimes, problems by the security company may be the reason for an assault and battery at a gated community. Disorganization and lack of clear roles and responsibilities can lead to mix ups on whose doing what. This can lead to unmanned check points, lax security procedures and other problems that put residents and visitors at risk.

You also have to consider the responsibility that HOAs and property managers have to their residents and other people with legitimate reasons to be on the property (delivery people, repair technicians, etc.). Duties like installing and maintaining security cameras and fixing broken locks typically falls on the owners and operators of the community. In addition, security issues reported by residents must be taken seriously, though the specific actions that are required depend on the type of complaint.

Frankly, liability for assault and battery in a gated community is complex issue that merits further discussion with an experienced attorney. That’s why you should contact us right away if you need answers to the following questions:

• Who can I sue if I was assaulted in a gated community?

• Can I sue the security company / the community / homeowners for my injuries from an assault and battery incident?

Statute of Limitations – What is the Deadline to File a Lawsuit?

Though exceptions do exist, the deadline to sue for assault and battery in California is generally 2 years from the date of the incident. In the case of sexual assault, the statute of limitations is much longer – 10 years from the date of assault if you were an adult at the time. If you were under the age of 18, you would have 22 years after turning the age of majority (up to 40 years old) to file a lawsuit for child sexual abuse.

No matter how much time you have, it’s best to start the legal process right away with help from an experienced assault and battery lawsuit attorney. Remember that the burden of proof is on you to prove that someone is responsible for the harm you’ve suffered. Building a strong case can be very challenging, but our legal team has decades of experience in the representation of assault victims throughout California. Simply give us a call to initiate a compensation claim if negligence by a gated community caused you to be injured from a physical or sexual assault.

Average Value of an Assault and Battery Claim

It’s understandable that most people who are eligible for a lawsuit want to have a sense of potential settlement values. However, the word “average” is not applicable when it comes to how much you can receive from an assault and battery lawsuit. The amount you are entitled to varies from what any other victim deserves, and this is based on many circumstances that are unique to each accident.

Based on the injuries you typically see with these cases, estimated settlements values usually start at around $100,000. If the injuries are severe with permanent complications, payments can easily exceed $3,000,000, as the victim will need to account for future medical bills, lost wages, and other projected expenses.

How Long Does it Take to Settle an Assault and Battery Case?

Even if you have irrefutable evidence of someone else’s wrongdoing, reaching a settlement can take anywhere from several months to one or more years. The actual timeline is not something we can predict ahead of time, as there are many complications that will come up during the legal process. Furthermore, the vast majority of assault and battery claims involve serious injuries, which means higher case values. You can be sure that the homeowners and operators of the community will fight to reduce their liability and settle your case for the lowest amount. Our job is to overcome their objections and ensure that you receive a settlement that’s comparable to the value of your monetary losses.

We hope to reach a settlement for all injury cases within 6 months, but it’s quite possible that your case will take over one year, and possibly up to several years if your case goes to trial.

Contact Our Law Firm

Legal representation is a critical element when you are fighting for compensation from an assault and battery incident. If you are in need of an experienced personal injury lawyer in the Los Angeles area, look no further than Normandie Law Firm.

We understand the challenges that are involved when you are trying to prove that someone other than your attacker is liable for your injuries. Rest assured that we have many years of recovering settlements on behalf of assault and battery victims. We are also aware that such incidents place a huge burden on your finances, which is why we would never ask you to choose between paying your bills and hiring a qualified gated community assault and battery attorney.

When you join the Normandie family, you will receive a Zero Fee Guarantee to ensure that you never pay out of pocket for legal services. We cover the costs associated with your lawsuit and wait to recover our expenses from the defendant. To put it another way, you owe us absolutely nothing in the event we fail to bring you payment from an assault and battery accident claim. This offer also applies to anyone that wants to continue an existing lawsuit with us. If you have an existing injury case against a gated community, please schedule a free second opinion with one of our legal experts.

For a detailed discussion on your rights and legal options, contact our office and ask to speak with a California assault and battery lawsuit lawyer.

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