Austin Woman Sues Apartment Complex Following Sexual Assault by Intruder

Blizzard Greenberg: plaintiff repeatedly asked apartment complex to fix broken door lock

An Austin-area woman has filed a lawsuit against an apartment complex where she once lived after she woke to an intruder sexually assaulting her in her own bedroom.

Evidence indicates the attacker entered the unit through the back sliding glass door, which had a broken lock that the victim and her roommate had repeatedly asked apartment management to repair for more than a year.

The lawsuit says the women asked for a sliding door security bar to secure the door, but management said the residents would have to buy it and install it themselves, which is a violation of the Texas Property Code.

Attorneys at Blizzard Greenberg represent the plaintiff, identified as M.K. in the lawsuit, against the apartment complex and property management company.

“Management knew the door lock was not functioning and chose not to do anything about it,” said trial lawyer Anna Greenberg. “Instead, they neglected basic repairs, and my client was attacked by a stranger who was able to easily access her home.”

The complaint details a disturbing case in which M.K. was asleep in her apartment bedroom when she was awakened by a total stranger sexually assaulting her in her bed.

M.K. began screaming and was able to fight off the intruder, kicking him in the chest and throwing a blanket at him. According to the lawsuit, her roommate heard the commotion and called 911. The attacker then ran out of the apartment through the back sliding glass door.

According to Austin Police Department records, 89 burglaries, 81 aggravated assaults, 29 robberies and 4 homicides were committed in and around this complex in just two years before this assault.

“Apartment complexes have a legal obligation to keep tenants safe and this complex failed to do so,” said Ms. Greenberg. “If basic safety procedures had been in place, my client would not have had her life changed forever by this terrifying incident.”

Following the attack, the victim and her roommate no longer felt safe and moved out of their apartment. M.K. is now in therapy to treat panic attacks, nightmares and intense fear resulting from the assault.

Officers with the Austin Police Department later arrested the attacker, identified as Octavio Contreras Guzman, who they say was targeting other women in nearby apartment complexes. He was apprehended after police set up hidden cameras and caught him peering into windows.

The case is M.K. v Clear Property Management et al., cause number 24-002539 in Travis County.

About Blizzard Greenberg, PLLC

Blizzard Greenberg, PLLC is an award-winning national trial firm with more than 40 years of experience handling complex legal issues involving pharmaceutical and personal injury cases. For more information, visit www.blizzardlaw.com.

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