Gated Community Liability for Injuries
Posted in Property Owner Liability on February 18, 2015
The term “gated community” brings to mind images of privacy and security. Security is a common reason some homeowners decide to buy properties in these communities. But crime still can and does occur in gated community.
Some argue that gated communities foster a sense of false security among residents, who may not be as diligent in preventing crime, believing the gate will do this for them. Some argue that criminals may target gated communities with homes they assume contain valuables. There is also the concern about police, firefighter, or ambulance access to gated communities.
In the event of an injury in a gated community, there are a number of parties that might hold some liability. Among these parties is the property owner or manager. Read on to learn more about how a gated community might be negligent and therefore liable for damages.
Gated Community Negligence for Failing to Prevent Access
One of the major selling points for residents in any gated community is the limited access to outsiders. Access to gated communities is controlled by a guard booth and/or automatic gates opened to homeowners in the community. However, what happens when a guard opens those gates to unauthorized personnel? Or what if the gate breaks, allowing anybody to enter? Any injuries or crimes that occur as a result may lead to liability for the gated community.
Negligence for Lack of Security Features
A community should have adequate lighting with well-lit pathways, common areas, parking lots and more. If the community fails to provide these features, it could be liable for injuries related to the lack of security. Broken locks, malfunctioning alarms, and malfunctioning security features all can constitute negligence.
Failure to Inform Residents of Crime Risks
If a gated community is aware of crimes (burglary, assault and battery, rape, etc.) that occurred in the community or nearby communities, it should inform homeowners about these details. It should also take precautions to protect residents of the community. Otherwise, it could be liable for failure to share such information with the community and take necessary and reasonable precautions.
Get Help from Chalik & Chalik if Injured
If you suffered an injury because of a crime in a gated community, you probably have questions about the community’s liability. Talk to a premises liability attorney at Chalik and Chalik Law Offices by calling 855-529-0269. You can also set up your free consultation by going to our contact page and filling out our contact form.