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MINIMIZING EXPOSURE AT
APARTMENT COMPLEXES
The following general
considerations and tips were prepared by Roger H. Schmedlen, CPP,
CFE, CII, MIPI, a security consultant at Loss Prevention Concepts,
Ltd. who has frequently been employed as an expert witness in
security/loss control negligence and premises liability matters.
If you have additional specific questions about your apartment
complex, please Email him at: expert@lpconline.com
There are many things that can be done to limit real risk to tenants
at apartment complexes and significantly reduce exposure to the
growing threat of premises liability and security negligence
litigation.
In most cases, substantial reduction of both exposures can be
attained at no cost whatsoever.
The following considerations are quite basic and are not intended to
guarantee adequate security at all apartment complexes in 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 several premises liability actions involving adverse
events at apartment complexes.
1. Always Immediately Respond to Tenants' Reports of Insecure
Situations:
It should be obvious, but it cannot be overstated: Should a tenant
report a defective lock, a window that is not latching or any other
problem that could result in easy access by an intruder, handle the
repair immediately and properly. Responding to such tenant reports
should always be a higher priority than any other maintenance
project.
The safety and security obligation here should be apparent and
additionally the value of proper response in this area can pay off
in the event of litigation. Two similar lawsuits in Oakland County,
Michigan illustrate how liability exposure can be effected by
failing to act responsibly in this area.
In both these cases, Cohen v Whethersford Apartments
and Glessner v Patrick Henry Apartments, apartment
tenants were attacked during home invasions. The situations were
similar in many ways. In Cohen, the perpetrator gained
entrance through a malfunctioning sliding glass door, while in Glessner,
the perpetrator entered through a first floor window which could not
be locked.
In Cohen, the tenant had never reported the deficiency which was
known to her, but the police report made it clear she was aware of
the problem. (While the door could be locked it did not always
catch.) In Glessner, the tenant had reported the deficiency three
days prior to the event and was under the mistaken impression that
the repair had occurred.
Cohen was awarded zero after an eight day trial and, because
mediation recommendations had been rejected, was ordered to pay a
sum to defense to offset the cost of defending the case. Glessner,
on the other hand, settled for a reasonable figure just prior to
going to court.
2. Never Conceal Knowledge of Serious Crimes or increased
Risk:
Some misguided apartment managers have concealed their knowledge of
assaults, break-ins or other serious crimes which occurred on their
properties, rationalizing that this knowledge might negatively
impact new occupancy and even 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 fact 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 be
concealed, I personally feel that responsible apartment managers
should make a reasonable good faith effort to inform tenants when
serious risk of any type increases so that tenants can consider
their options. Juries tend to agree with this sentiment.
In a previously crime-free apartment complex where a non-domestic
home invasion occurs or a tenant is assaulted or sexually assaulted
by an unknown intruder, the risk to other tenants may have changed.
Withholding this knowledge significantly increases the exposure to
other tenants since 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 a recent series of sexual assaults in
the complex might be unconcerned at the approach of a stranger.
However, if reasonable efforts to alert her to the possible
increased exposure had 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.
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