The death of a loved one is always tragic—but when that death happens as a result of a violent crime at an apartment complex, the pain is compounded by the fact that it may have been preventable. Far too often, apartment complexes in Mississippi fail to provide even the most basic safety measures. When they ignore dangerous conditions or known threats, they may be held responsible in a wrongful death lawsuit.
At Barrett Law, PLLC, Attorney Jonathan Barrett has spent decades helping families across Mississippi recover financial compensation and accountability when a landlord’s failure to provide adequate security leads to the loss of life. If your loved one was killed due to violence at an apartment complex—such as a shooting, stabbing, assault, or robbery—you may have grounds for a civil lawsuit.
This blog explains what wrongful death lawsuits involve, when a landlord or apartment manager may be held liable, and how Barrett Law can help your family pursue justice.
Wrongful Death at Apartment Complexes: A Growing Concern in Mississippi
Apartment complexes are legally required to provide safe environments for their residents, guests, and visitors. Yet every year in Mississippi, families are devastated by fatal crimes that occur in poorly maintained or badly secured properties.
Examples of wrongful death cases at apartment complexes may include:
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A tenant shot in the parking lot due to broken security gates and poor lighting
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A guest murdered during a robbery because management failed to respond to recent threats
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A resident stabbed by another tenant with a known history of violence
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A child killed due to lack of surveillance or supervision in a common area
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A fatal assault that could have been prevented with reasonable security personnel
These tragedies are not just isolated crimes. In many cases, they are the predictable result of negligence, and under Mississippi law, the apartment owner may be held legally responsible for allowing foreseeable dangers to persist.
Who Can File a Wrongful Death Lawsuit in Mississippi?
Under Mississippi Code § 11-7-13, the following individuals can bring a wrongful death lawsuit:
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The surviving spouse
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Children of the deceased
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Parents of the deceased
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Siblings of the deceased
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A personal representative of the deceased’s estate
Only one lawsuit may be filed, but the damages recovered can be distributed among multiple eligible family members. The purpose of the claim is to compensate the survivors for the economic and emotional losses resulting from the untimely death of their loved one.
What Must Be Proven in a Wrongful Death Case at an Apartment Complex?
To hold an apartment complex liable for a wrongful death, your legal team must prove:
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A duty of care existed – The landlord or property owner owed a duty to provide safe premises to residents and lawful visitors.
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They breached that duty – Through inadequate security, failure to address known dangers, or general negligence.
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The breach caused the fatal incident – The death would not have occurred had the landlord acted reasonably.
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The family suffered measurable damages – Including funeral expenses, loss of financial support, pain and suffering, and more.
Each element must be supported by evidence, including police reports, past crime records, security footage, maintenance logs, and witness testimony. Barrett Law, PLLC conducts thorough investigations to uncover what happened—and what could have been done to prevent it.
Common Grounds for Landlord Liability in Fatal Apartment Crimes
While every case is unique, apartment complexes are frequently found liable when they fail to:
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Provide functional security gates or locks
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Maintain working surveillance cameras
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Hire trained and qualified security personnel
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Address repeated reports of crime or violence
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Screen tenants or employees with dangerous histories
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Provide adequate lighting in parking lots, hallways, or stairwells
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Respond to 911 calls, tenant complaints, or previous violent incidents
When a property has a documented history of violence or criminal activity and the owners fail to make improvements, any resulting death may be legally foreseeable—a key standard in Mississippi premises liability law.
Who Is Affected and Why Accountability Matters
Typical Victims of Apartment Complex Crimes
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Long-term tenants living in high-risk areas
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Children and elderly residents unable to protect themselves
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Family members visiting a loved one
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Delivery workers or contractors on the premises
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Bystanders caught in crossfire or confrontations
Families left behind may face not only emotional devastation, but also financial ruin. In wrongful death cases, plaintiffs may seek damages for:
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Funeral and burial expenses
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Loss of the deceased’s future earnings
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Pain and suffering endured by the deceased before death
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Mental anguish, emotional trauma, and loss of companionship
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Punitive damages when conduct was particularly egregious
Legal Obligations Under Mississippi Law
Mississippi law makes it clear that landlords and property managers must take reasonable steps to protect lawful occupants and guests from foreseeable criminal harm.
While landlords are not insurers of public safety, they are required to address known threats, maintain basic security features, and respond to patterns of criminal behavior. Failing to do so may expose them to liability.
Negligent Security and Wrongful Death
Wrongful death claims involving crime at an apartment complex typically fall under the broader legal theory of negligent security, which is a form of premises liability. The key question is whether the landlord could have reasonably foreseen the danger and failed to act.
Mississippi courts consider factors like:
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The crime rate in the area
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Past incidents at the same location
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Whether complaints were made about dangerous conditions
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Whether security measures were in place and functional
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Whether proper maintenance was performed
Practical Tips for Families Seeking Justice
1. File a Police Report Immediately
Law enforcement documentation is crucial. Request a copy of the report and note the name of the investigating officer.
2. Gather All Documentation
Keep copies of death certificates, medical bills, funeral expenses, photographs, text messages, emails, and anything that may support the claim.
3. Speak with Witnesses
If anyone saw or heard the incident—or made prior complaints to management—their testimony may be essential.
4. Preserve Evidence
Photograph any broken gates, missing lights, non-functioning cameras, or other signs of security failure.
5. Consult a Mississippi Wrongful Death Attorney Immediately
Time is not on your side. Evidence can disappear, and deadlines may pass. Jonathan Barrett and Barrett Law, PLLC are prepared to take swift action on your behalf.
Frequently Asked Questions
How long do I have to file a wrongful death lawsuit in Mississippi?
The statute of limitations is three years from the date of death. However, it’s best to act quickly to preserve critical evidence and witness accounts.
What if the crime is still being investigated?
A civil case can be filed even if a criminal investigation is ongoing or unresolved. Civil liability does not require a criminal conviction.
Do I have a case if my loved one was not a tenant?
Yes. Guests, visitors, and delivery workers all have legal protection. The key is whether the person was lawfully on the property and whether the landlord failed in their duty of care.
Can the apartment complex be liable even if the attacker has not been identified?
Yes. Liability in a civil case focuses on the landlord’s conduct, not the identity of the criminal. If poor security or ignored warnings played a role, a claim may still proceed.
What kind of compensation is available?
You may be entitled to damages for funeral costs, loss of income, loss of companionship, emotional distress, and more. In egregious cases, punitive damages may also apply.
Can multiple family members receive compensation?
Yes. Mississippi law allows multiple eligible survivors to share in the compensation awarded through a wrongful death action.
Do I need to prove the landlord intended for harm to occur?
No. Wrongful death and negligent security claims are based on negligence, not intent. The focus is on what the landlord failed to do to prevent foreseeable harm.
What if the apartment complex hires a private security company?
The landlord may still be liable for negligent hiring, poor oversight, or failing to choose a competent security provider.
How much does it cost to hire a wrongful death attorney?
Barrett Law, PLLC works on a contingency fee basis—you pay nothing unless we recover compensation for your family.
Will my case settle out of court?
Many wrongful death claims do settle, but Barrett Law is always prepared to go to trial if needed to obtain full justice.
Harmed on an Apartment Complex in Mississippi? Call Mississippi Apartment Injury Claim Attorney Jonathan Barrett 24/7/365 at (601) 790-1505 for Your FREE Consultation
If your loved one was murdered or fatally injured at a Mississippi apartment complex, and you believe it could have been prevented with better security or management, don’t wait. At Barrett Law, PLLC, we represent families who have lost someone due to negligence, failed safety measures, and inaction by apartment owners and managers.
Attorney Jonathan Barrett serves families throughout Jackson, Gulfport, Southaven, Hattiesburg, Biloxi, Olive Branch, Tupelo, Meridian, Pearl, Madison, Greenville, Oxford, Clinton, Horn Lake, Brandon, and all across the State of Mississippi.
📞 Call (601) 790-1505 today for a free and confidential consultation. We are available 24/7/365 to stand with your family and fight for the justice you deserve.