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The following general considerations and tips were prepared by Roger H. Schmedlen, CPP, CFE,Wholesale Jerseys Free Shipping, CII, MIPI,Cheap NFL Jerseys Wholesale, a security consultant from Loss Prevention Concepts, Ltd. who has frequently been employed as an expert witness in security/loss control negligence and premises legal responsibility matters.
There are many things that can be done to limit real danger to tenants at apartment complexes and significantly reduce exposure to the growing threat associated with premises liability and protection negligence litigation.
In most cases,Wholesale Jerseys, substantial reduction of each exposures can be attained at no cost whatsoever.
The following considerations are very basic and are not meant to guarantee adequate security at all apartment complexes in just about all situations. Instead, they are good sense general security recommendations based on my 34 + years experience in the security field and my expert witness participation (both defense and plaintiff) in a number of premises liability actions involving adverse events at apartment complexes.
1. Always Immediately Respond to Tenants&#8217,Wholesale Jerseys China; Reports of Insecure Situations:
It should be obvious, but it cannot end up being overstated: Should a tenant report a defective lock, a window that isn’t latching or any other problem that could result in easy access by an intruder,Wholesale Jerseys Group, handle the repair immediately and properly. Responding to such tenant reports should always be a higher priority than every other maintenance project.
The safety and security obligation here ought to be apparent and additionally the worthiness of proper response in this region can pay off in case of litigation. Two similar lawsuits within Oakland County, Michigan illustrate how liability exposure could be effected by failing to act responsibly in this region.
In both these cases, Cohen v Whethersford Apartments and Glessner v Patrick Henry Apartments, apartment tenants were assaulted during home invasions. The situations were similar in lots of ways. In Cohen, the perpetrator gained entrance via a malfunctioning sliding glass doorway, while in Glessner, the perpetrator entered through a first floor window that could not be locked.
In Cohen, the tenant had never reported the deficiency which was known to her, but the police report managed to get clear she was conscious of the problem. (While the door could be locked it did not necessarily catch.) In Glessner, the tenant had documented the deficiency three days prior to the event and was under the mistaken impression that the actual repair had occurred.
Cohen was awarded absolutely no after an eight day time trial and, because mediation recommendations had been rejected, was ordered to spend a sum to defense to offset the cost of defending the case. Glessner, on the other hand, settled for a reasonable figure before going to court.
2. Never Conceal Knowledge associated with Serious Crimes or elevated Risk:
Some misguided apartment supervisors have concealed their understanding of assaults, break-ins or other serious crimes which occurred on the properties, rationalizing that this understanding might negatively impact new occupancy as well as cause other tenants to consider moving out.
Tenants, who for years had enjoyed risk-free use of a swimming pool would not expect management to conceal the truth that the pool had become infested with sharks. It’s the same principle here. While the standard may simply require that knowledge of increased risk not end up being concealed, I personally feel which responsible apartment managers should make a reasonable good faith effort to inform tenants when serious risk of any type increases to ensure that tenants can consider their own options. Juries tend to agree with this sentiment.
In a previously crime-free apartment complex where a non-domestic home invasion occurs or perhaps a tenant is assaulted or sexually assaulted by an unknown intruder, the risk to other tenants might have changed.
Withholding this knowledge significantly increases the exposure to other tenants being that they are now missing an essential fact for making evaluations concerning their personal vulnerability. For example, a female tenant arriving at the apartment complex late in the evening who was unaware of the recent series of sexual assaults within the complex might be unconcerned in the approach of an unfamiliar person. However, if reasonable efforts to alert her towards the possible increased exposure have been made, her awareness could be heightened and she might remain in her locked car until the reason for the stranger’s presence is clarified.
tenant safety