I was assaulted at a rave party that was held in an abandoned warehouse. I reported the incident to police. Police arrested no one. Although I don’t know who gave the party, I paid a cover charge to a bouncer to enter the building. Do I have a claim to bring for my damages?
Yes, you may have a claim. Since the police investigated the crime and made no arrests, it is unlikely that you will find the person that assaulted you. So you will be unable to bring a claim against that person.
Since you do not know who gave the rave party, it is unlikely there is anybody to sue as the party operator. Social media announce rave parties. People spontaneously show up at the rave site in response to the invitation. Usually the person giving the party has no liquor license, a DJ, and very minimal security staff. The event is strictly a way for the party giver to make some quick money and the building owner to make money on a vacant property.
Ordinarily, a building owner is not responsible for criminal acts that occur on its premises. There may be cases where a tenant living in a building could hold a landlord responsible for criminal acts because there is no adequate security in the building. However a party on one night is not the same as a landlord-tenant relationship.
Real Property Law
However, New York Real Property Law § 231(2) states that any owner of real property “. . . knowingly . . . giving possession of the same to be used or occupied, wholly or partly, for any unlawful trade, manufacture or business, or knowingly permitting the same to be so used, is liable severally, and also jointly with one or more of the tenants or occupants thereof, for any damage resulting from such unlawful use, occupancy, trade, manufacture or business.”
Thus, you might have a claim damages for assault against the private property owner. You have no proof at this point. But I would respectfully suggest that the building owner received part of the proceeds of the rave. Furthermore, you were probably at an event where there was no liquor license, no cabaret license, and minimal security. Therefore, you may be able to make out a case against the warehouse owner. But, you would need to conduct further investigation.
By James Santner, Esq.
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