Alicia was assaulted by delinquents in the parking lot of the apartment complex where she lived. This was a building that offered “security” as part of its image, in an effort to attract tenants. The assault occurred when she was walking at night towards her automobile. Alicia filed a lawsuit against the building owner, alleging that the parking lot lights were turned off, and that the fences that protected the perimeter of the parking lot were broken, and that other tenants had complained previously to the building owner, but he had not done anything to fix these problems.
The court ruled in favor of Alicia. The court determined that the owner had the obligation towards his tenants, especially in this building “with security”, to maintain all equipment in good working order, so as to avoid any criminal acts. The owner was negligent and therefore was made responsible for the injuries that Alicia sustained.