How long do I save to sue if I have a case?

[SMF88011]

What is the name of your state? New Mexico

While I was in Assisted Living, I had my apartment burglarized twice - with over $25k worth of stuff taken. My assisted living apartment had a regular key lock - and all employees had master keys. They could come and go as they pleased. My apartment opened to the parking lot and they didn't have security cameras in that area.

Can I hold the Assisted Living facility responsible for the thefts due to their lack of security and proper procedures to securing the valuables of residents? If so, how long do I have to sue?

 

[Just Blue]

What is the name of your state? New Mexico

While I was in Assisted Living, I had my apartment burglarized twice - with over $25k worth of stuff taken. My assisted living apartment had a regular key lock - and all employees had master keys. They could come and go as they pleased. My apartment opened to the parking lot and they didn't have security cameras in that area.

Can I hold the Assisted Living facility responsible for the thefts due to their lack of security and proper procedures to securing the valuables of residents? If so, how long do I have to sue?

Did the police find that one of the employees of the facility was responsible for breaking in and stealing you belongings? Were you insured?

ETA: When did this occur?

 

[adjusterjack]

Two possibilities: contract or tort.

If your contract with the facility promised you security and it was a written contract, you have 6 years from the breach. 4 years if you can prove the existence of an oral contract.

If you want to sue for negligent loss to your property (tort) you have 4 years from the event.

Understand that, just because you CAN sue, doesn't mean you can win.

 

[SMF88011]

Did the police find that one of the employees of the facility was responsible for breaking in and stealing you belongings? Were you insured?

ETA: When did this occur?

The police took the report and did nothing else. The facility had 2 all-hands meetings about the problems with theft - one while I was there and one that happened after I moved out. Further, they completely changed the security of the facility after I left - electronic locks to track comings and goings, putting up security cameras, etc.

Another person posted the info on how long I had. It has been to long ago.

 

[quincy]

The police took the report and did nothing else. The facility had 2 all-hands meetings about the problems with theft - one while I was there and one that happened after I moved out. Further, they completely changed the security of the facility after I left - electronic locks to track comings and goings, putting up security cameras, etc.

Another person posted the info on how long I had. It has been to long ago.

Were you insured? If you were, did you report the theft to your insurer? If you were not, why not?

 

[zddoodah]

Can I hold the Assisted Living facility responsible for the thefts due to their lack of security and proper procedures to securing the valuables of residents?

You haven't provided any relevant facts to allow an intelligent answer to this question. In your question, you note a "lack of security," but in the prior paragraph, all you mentioned was a lack of security cameras in the area where your apartment opened onto the parking lot. You provided no information to allow any informed conclusion about whether the lack of security cameras was in any way relevant to the burglaries that occurred. You also complain about a "lack of . . . proper procedures to securing the valuables of residents," but I have no idea what procedures you think are proper or why you think these procedures should have been undertaken. It's worth pointing out, though, that you chose to live in this place despite the alleged "lack of security and proper procedures."

how long do I have to sue?

Presumably, any lawsuit would be for negligence. The statute of limitations for negligence claims resulting in property damage in New Mexico is four years from the date on which the cause of action accrued.

Query whether you made claims with your renter's insurance.

The facility had 2 all-hands meetings about the problems with theft - one while I was there and one that happened after I moved out. Further, they completely changed the security of the facility after I left - electronic locks to track comings and goings, putting up security cameras, etc.

Absent a contract that says otherwise, a landlord does not guarantee the safety and security of its residents or their property. It sounds like, once your former landlord learned of security issues, it took reasonable action.

 

[doucar]

You also cannot use the fact that they have added security systems after the fact, to prove that they should have had them in the first place..