Example Premises Liability Cases: Apartment buildings

A common premises liability case in an apartment complex involves the rape of a woman by an intruder. Although the complaint may allege deficiencies in the guard service or management policy, environmental factors are usually at the center of these cases.

Typical allegations in these cases involve charges that the lighting was poor, the perimeter of the property was unsecured, access was uncontrolled, and the locking systems were inadequate. Sometimes a specific deficiency will dominate the case. A sliding glass door, for example, that the intruder was able to lift off the track, pry open, or bend easily so it could be opened; an apartment door that did not have a deadbolt lock on it; or a laundry room, located in an isolated part of the building that a victim was either trapped in or dragged into, are common deficiencies that are central to many cases.

These cases also involve testimony concerning the evaluation of the environment by the perpetrator, a necessary element to any case because of the need for the jury to rule on the legal issue of proximate cause, i.e., to what extent the security deficiencies contributed to the criminal's decision to attack. In order for a jury to find for a crime victim, it must conclude that the property owner failed to provide reasonable adequate security and that this failure contributed to the victim's injury.

The plaintiff will present basic CPTED concepts to make his or her case, arguing that the setting played a major role in the crime. Through sketches, designs, and photographs, the jury will be invited to see the property as the criminal viewed it. For example, did the property look well maintained? Did it look defended, or was access easy? Could the perpetrator enter unchallenged? Was space defined on the property? Did it present psychological barriers that had to be crossed or was the space ill-defined, anonymous? How difficult was it to approach private space such as windows, patios, and back doors unobserved?

In this kind of presentation, jurors are briefed on some of the principles of environmental design. They are told that design influences behavior; they are provided examples of how design shapes everyday behavior--from the design of their homes to the design of churches, shopping centers, even courtrooms. Finally, jurors are asked the ultimate question: To what extent did the environment contribute to the crime, and what could the landlord or building owner have done from a design standpoint that would have been both reasonable and effective in deterring or preventing the crime?

see also:

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