101k views
2 votes
If a resident is injured through criminal activity, can they sue the apartment

manager? Why or why not?

User Dumkar
by
8.2k points

1 Answer

4 votes

Final answer:

Residents can sue an apartment manager for injuries from criminal activity if negligence can be established, although criminal acts are complex for liability. Individuals have rights under the Amendments, such as the right to counsel, protection from cruelty, and just compensation for property.

Step-by-step explanation:

If a resident is injured through criminal activity, the possibility of suing the apartment manager depends on several factors. The key issue is whether the apartment manager owed a duty of care to the resident, whether that duty was breached through negligence, and whether the breach of duty directly caused the resident's injuries. Apartment managers may be responsible for providing reasonable security measures. If it can be proven that the manager failed to do so, and this failure led to the resident's injury, there may be grounds for a lawsuit. However, criminal actions are sometimes considered outside the control of a property manager, and establishing negligence can be complex.

In the context of your examples: Sara has the right to an attorney under the Sixth Amendment, regardless of whether she is smart enough for college or that she is only charged with a misdemeanor. The Sixth Amendment guarantees the right to counsel. Moreover, the Seventh Amendment ensures Mr. Jones' right to a jury trial in civil cases where the value in controversy exceeds twenty dollars. As for Carolyn, the Eighth Amendment would protect her from the excessive punishment proposed by the judge.

Regarding the Fourth Amendment, Mr. Reynolds is protected against unreasonable searches and seizures, and the ATF would need proper authority or evidence to confiscate his weapons. In the question about the known drug dealer, the Fifth Amendment's protection against self-incrimination and the right to be informed of one's rights (as established in Miranda v. Arizona) would make the confession inadmissible in court if he was not informed of his rights. Lastly, your parents forcing you to attend religious services is not covered under the Bill of Rights, as it applies to governmental actions, not private family matters. However, the City of El Paso's action to evict you for public use is subject to the Fifth Amendment, which would require just compensation for taking your property.

User Acosta
by
7.3k points