Can I Sue My Apartment Complex if I was Assaulted on the Property?

 Posted on December 30, 2025 in Premises Liability

You may have a premises liability case against your apartment complex for an assault on the property, but only in certain situations. Liability depends on what the property owner knew, what they did or failed to do, and whether the assault was reasonably preventable.

Violent crimes often happen close to home. This reality raises serious safety concerns for tenants. Our Chicago, IL premises liability lawyers can help you understand how liability works in your case.

When Is an Apartment Complex Responsible for an Assault?

Apartment owners in Illinois have a legal duty to take reasonable steps to keep their property safe. Under the Illinois Premises Liability Act, property owners must use reasonable care to protect people who are lawfully on the property, including tenants and their guests.

This does not mean an apartment complex is automatically responsible for every crime that happens. Courts focus on whether the assault was foreseeable. Foreseeability looks at whether the owner knew or should have known that criminal activity was likely based on past incidents or known safety risks.

What Is Negligent Security in Illinois?

Many assault claims against apartment complexes involve negligent security. Negligent security means the property owner failed to provide reasonable safety measures despite knowing there was a risk of criminal activity.

This can involve poor lighting in parking areas, broken locks on exterior doors, unsecured gates, or a lack of access control in buildings with a history of crime. Illinois courts examine whether the security measures in place matched the level of risk. A large complex with prior violent incidents may be expected to take stronger precautions than a smaller property with no known issues.

Negligent security cases focus on prevention. The question is whether reasonable steps could have reduced the risk of an assault.

What Evidence Helps Prove an Apartment Complex Was Negligent?

Evidence often focuses on what the property owner knew before the assault and how they responded to known safety concerns. Helpful evidence may include:

• Police reports showing prior criminal activity on the property

• Maintenance records documenting broken locks, gates, or lighting that were reported but not repaired

• Tenant complaints about safety issues, especially when management failed to respond

• Surveillance footage from the property, or proof that security cameras were not working

Together, this evidence can help demonstrate that the assault was not random. Instead, it was connected to ongoing safety problems that the property owner failed to address.

How Long Do I Have to File a Lawsuit in Illinois?

In most cases involving assault and negligent security, the deadline, under 735 ILCS 5/13-202, to file a lawsuit is two years from the date of the injury. When a case is delayed, important evidence can be lost or destroyed. This may include security camera footage, maintenance records, or incident reports that are only kept for a short time.

Witnesses can also become harder to find. People may move, change contact information, or forget important details about what they saw. An attorney can help preserve evidence early and ensure all deadlines are met.

What Damages Can Be Recovered After an Assault?

If an apartment complex is found responsible for an assault, Illinois law allows injured tenants to seek compensation for the harm they suffered. These damages are meant to address both physical injuries and emotional harm.

Recoverable damages may include:

• Medical expenses for emergency care, hospital treatment, and follow-up visits

• Counseling or therapy costs related to emotional trauma or anxiety

• Lost wages if injuries prevented you from working

• Reduced earning ability caused by long-term limitations

• Pain and suffering related to physical injuries and emotional distress

The value of a claim depends on the facts, including the severity of the injuries and how the assault has affected daily life. Emotional harm is often a major part of these cases and is taken seriously under Illinois law.

Schedule Your Free Consultation with Our Chicago, IL Premises Liability Attorneys

At Winters Salzetta O'Brien & Richardson, LLC, we are focused on helping injured people understand their rights after serious incidents on residential property. Our firm was founded in 1997 and has been recognized by our peers for exceptional work in several areas of personal injury law. If you have questions about your options, contact our Chicago, IL premises liability lawyers today. Call 312-236-6324 to schedule your free consultation.