Sommers Schwartz attorney Jay Yasso recently filed a complaint in federal court on behalf of two plaintiffs who were assaulted in their apartment by an intruder. The intruder gained access to the unit in the Barrington Romulus Apartments because the lock on the building’s front door was broken.

According to the allegations, after entering the building, the intruder went to the plaintiffs’ apartment, kicked the door in, beat one plaintiff in the head and face until he was unconscious, and then raped the other tenant. The assailant fled the scene when the apartment alarm activated, but the police later apprehended him.

The personal injury lawsuit claims that the defendant landlord had a duty to keep the premises, including the doors and their locks, in good condition and to use reasonable care to keep the facilities in good repair. Although the plaintiffs and other tenants notified the landlord numerous times that the lock on the door to their building was broken, the defendant took no steps to fix it in a reasonable time. The complaint also contended that it was foreseeable a third person would enter the building illegally and commit assaults such as these.

Because of the door lock’s inoperable state, allowing the intruder to gain access to the building and assault the plaintiffs, the plaintiffs suffered serious physical injuries and mental and emotional distress.