Richard Jones on Trying Inadequate Security Cases
I’m still getting caught up on posting notes from previous seminars. At the Southern Trial Lawyers Fall Retreat, Richard Jones a lawyer from Atlanta who specializes in inadequate security cases gave us an update on these cases which have become immeasurably harder to try in the age of ‘tort reform’.
The problem you have to contend with in inadequate security cases is that the management had actual knowledge of criminal activity on their premsies and did nothing. However, regardless of policy management never makes reports of any criminal complaints in the area. So what do you do?
Beat the bushes. Go up and down the hallways and talk to the people. Talk to the people pre-suit. You have permission to be there (from client/tenant). Get the police reports for the apartment complex. Talk to the police officers. Talk to the victims. But it’s important to get out there fast before the witnesses move away or otherwise disappear.And if any of those witnesses saw any criminal activity. All you need to do is ask one question. “Did you tell the manager?”
If you do a thorough investigation, you can show actual knowledge. After filing suit, you can get their policy and procedures and then you can find out what they did.
But actual knowledge of ongoing criminal activity is the definition of Foreseeable.The next step is to show that management made a consicience decision to do nothing. If you can put these two together, you get way past the ‘criminal did it’.
Good stuff. Thanks for the tips Richard.
