Legal Question in Criminal Law in North Carolina

I am disabled,visually impaired,and I was recently threatened a 2nd time on the property of our community complex.A police report was taken,but the management,again have turned a blind eye.Can the management be liable if I were to get injured,because of their refusal to evict the violent perpetrator?

Asked on 5/10/13, 11:09 am

1 Answer from Attorneys

Kenneth Love Ken Love Law

Management can be liable only if it is was foreseeable that you would be injured and you do nothing wrong to cause your injury. Just because a threat has occurred does not mean that it will be followed by a physical assault. Management would have to have evidence that the person plans and or means to follow up on the threats before they can evict. Based on a threat alone, they would most likely lose at any eviction hearing.

Also, keep in mind that if this person threatens you and you get into a screaming match or engage in other conduct that can escalate the situation, you will not have a claim. NC is a contributory negligence state. This means that if you are at fault in anyway for your damages, you cannot collect, even if your fault is only 1% out of 100.

So, first it needs to be foreseeable that you will be harmed. Second, you need to make sure you do nothing that can be seen as adding to the likelihood of the assault.

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Answered on 5/11/13, 6:35 pm

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