Can You Sue if You Are Assaulted in a Parking Garage or Apartment Complex?

 Posted on June 28, 2026 in Personal Injury

According to the Bureau of Justice Statistics, there were 6.6 million violent victimizations in the United States in 2022. Assaults can occur in places like parking garages, parking lots, and apartment complexes, especially where security is poor. Under the law, property owners must keep their premises reasonably safe, and in areas where violent crime is likely, that duty includes strong security measures. Ignoring a known risk is exactly what makes a landlord liable in a premises liability case. 

If you were hurt in an assault in 2026, a Chicago, IL negligent landlord attorney can review your case and help you understand your legal options.

What Is Negligent Security Under Illinois Law?

Under the Illinois Premises Liability Act, 740 ILCS 130, property owners owe a duty of reasonable care to people lawfully on their premises. When poor security contributes to a foreseeable attack, the owner may be held accountable through a negligent security claim.

Foreseeability is the central question. Courts consider whether the owner knew, or should have known, that a crime was likely to occur at that location, based on factors such as prior incidents, police reports from the area, and unaddressed tenant complaints. You will need to show that the owner had enough information to take reasonable security measures and failed to do so. 

When an owner receives written complaints, incident reports, or police notifications about recurring security problems and takes no action, that inaction is documented and significantly strengthens a claim. Under Illinois law, an owner is also charged with constructive knowledge of conditions they reasonably should have discovered through routine inspection, even if no one formally reported the problem. 

The law does exempt owners from warning of conditions that are open and obvious, and some property owners argue that crime in a particular location was so well known as to qualify. Illinois courts have generally held that a victim's general awareness of crime does not, by itself, relieve a property owner of the duty to take reasonable security measures..

Can a Parking Garage or Apartment Complex Be Liable for Poor Security in Illinois?

Illinois law requires owners to take reasonable steps to prevent foreseeable harm. Common failures that have supported negligent security claims include:

• Inadequate or broken lighting in parking areas, stairwells, and access points

• Broken gates, malfunctioning door locks, or bypassed access control systems

• Missing or non-functioning security cameras

• Failure to repair reported security deficiencies after prior incidents

For apartment landlords, this duty extends to all common areas under their control. Courts apply a heightened standard when there is a documented history of crime on or near the property, or when tenants raised specific safety concerns that management ignored. Evidence establishing that a heightened standard typically includes maintenance logs, lease agreements specifying the landlord's security obligations, and records showing the owner was aware of prior police activity at the property.

Who Can You Sue After a Parking Garage or Apartment Complex Assault in Illinois?

Liability in negligent security cases does not always rest with a single party. A parking garage or apartment complex may involve a property owner, a management company, a security contractor, or some combination of all three. Each can be named as a defendant if their negligence contributed to the conditions that allowed the attack. 

Illinois allows fault to be divided among multiple defendants based on the facts of the case. In practice, this means a security contractor who failed to staff a post and a property owner who hired them, knowing they were understaffed, can both be held accountable for their respective share of the harm. 

It is important to identify all responsible parties because naming all parties affects the total compensation available and prevents any one defendant from shifting blame to another. Illinois generally gives assault victims two years from the date of the incident to file a civil personal injury claim. 

If the claim is against a local government entity, such as a city-owned parking garage, the deadline may be only one year under the Illinois Tort Immunity Act. Claims against the State of Illinois are subject to separate Court of Claims rules, including notice requirements in some cases. These deadlines may still apply even if a criminal case is pending or the attacker has not been identified.

Contact a Chicago, IL Negligent Security Attorney for a Free Consultation

If you were seriously hurt in an assault at a parking garage, apartment complex, or other property with poor security, you may be able to pursue significant compensation. Tomasik Kotin Kasserman, LLC works on a contingency basis, so you pay nothing unless we win. Our attorneys have 150 years of combined legal experience and handle only large cases involving serious injuries. Contact our Chicago, IL premises liability lawyers at 312-605-8800 today for a free consultation.