CHECK LIST FOR APARTMENT SECURITY

·         Is the apartment complex in a watch list of the police department? Some cities maintain a list of apartment complexes that the policy consider problem locations. See if the complex you are considering in on such a list. If the police will not give you this information, ask the manager. Talk to people who live in the area to see if it is a center on crime.

·         Are the grounds will maintained? Over flowing trash bins, broken fences  or un-mowed grass are evidence of generally poor management and good management is the first defense in apartment security. If management takes care of the details, then they probably take care of the major items.

·         Is the parking area secure? A fenced parking area is good, but a secure gate is better. If the parking is underground or above ground, both are better that a ground level parking. Ask if they are patrolled by security guards. If there are security cameras, this is a plus. If they are fake, this should end your search. Ask to see how they work. If there is a storage area it should be as secure as the garage.

·          Is it possible to enter the building without using a key or pass code? If the door will close automatically and quickly this is a good security feature.

·         Is the door to the apartment door steel? Wooden doors are pretty, but do not offer much protection. If there is a dead bolt, not a chain, this is better. Push button locks do not furnish much protection. If it breaks notify the manager in writing to replace or repair it.

·         Are the windows protected with secure latches?  This is particularly necessary for first floor apartments.

·         Does the apartment have fire or smoke alarms? Almost as important, do they work. They usually have a button to push to test them. Use it. After you move in continue to use it monthly.

·         Are workout rooms and swimming pool as secure as the apartments? Remember the security system is only as good as it’s weakest link.

      What type of people live in the conplex? Your greatest danger may come from the people who live in the same complex. Don't be afraid to ask.

This list is only a place to start to get you thinking about security. I’m sure you will think of other items to add to your list. They are just illustrations of holes in security that have come up is cases we have handled. Good luck in your apartment hunting. I hope you do not need us.

Ben A. Goff

http://mitchellgoff.com/

Greek President Charged with Sexual Assualt

According to the friday Dallas Morning News the president of the Sigma Phi Epsilon campus chapter was charged with sexual assualt of a male. This is the 10th sexual assualt on the SMU campus since 2009. He has been released on $25,000 bond. The secret rituals of Sigma Phi Epsilon are prublished on Wikileeks. A google search of greek fraturaties and sexual assualts will lead to an assortment of problems the Greeks are having around the nation.

PREMISES LIABILITY CLAIMS THAT ARE NOW MEDICAL CLAIMS

Recent developments have greatly expanded the scope of the Health Care Liability Act to include claims that have been considered as premises liability claims in the past.

            Claims by employees of a hospital who was not a subscriber (did not carry workers compensation insurance) are Healthcare Liability Claims. 
Tex. W. Oaks Hosp., LP v. Williams, Texas Supreme court, 2011), although the employee was not a patient at the hospital. The Texas Medical Care Liability Act requires that the plaintiff fie a supporting medical report supporting the claim and such a report was not filed, therefore the plaintiff takes nothing. 

          A patient gets bitten by a spider in the hospital, now a HCLC.Omaha Healthcare Center, LLC v. Johnson, Texas Supreme Court, 2011. 

          Slip and fall claims in a hospital, now a HCLC claim. Harris Methodist Fort Worth v Olie, Texas Supreme Court, 2011.
          For a more complete discussion of reports in HCLC claims and the contents of these reports is found in onecle,  TEX.CIV. PRAC.AND REM.CODE § 74.351 The claims included in the scope of the HCLC are broader than just hospitals and include any claims under the health care liability act. The HCLA also caps the damages that can be recovered. 

Parkland fined 1 million dollars.

The state of Texas has fined Parkland Memorial $1 million for patient-safety failures. The fine covers a period from January 2011 and May 2012. It has been reported that this is the largest hospital fine in Texas history. The fine covered a failed knee replacement that resulted in the amputation of Jessie Mae’s leg and the death of George Cornell. There is a question of whether the person who signed the agreement for Parkland had authority to do so according to DallasNews.com. The complete agreement can be found at  http://www.scribd.com/doc/104551028/DSHS-Parkland-Agreement.

Thanks to our Republican Texas Tort Reform Act Parkland may not have had any liability to the injured parties. It is difficult, if not impossible, to sue a governmental unit even for the most egregious acts of negligence. Of course, if any of the individuals involved think they may have a case, they should have it reviewed by an experience malpractice attorney. This should be done  two years from the date of injury if possible. These statements should not to be considered as legal advice or to create any contract of representation between any person and the writer.

Woman found dead in Oak Cliff

Cicely Bolden, 28, was found dead in her apartment in the 5900 block of Highland Village Drive on Thrusday, September 6. She was found by her children. Police are investigating the death that occurred in southeast Oak Cliff. No arrests have been made.

ApartmentComplexAttorney

Woman arrested for abuse of elderly person

On Friday, August 31, 2012 Arlington police arrested 43-year-old Maria Acosta Friday and charged her with assault against an elderly individual. She is being held at Arlington City Jail on a $10,000 bond. Arlington police are investigating allegations of elderly abuse at the Heritage Oaks Nursing Home.. Mynez Carter, 83, has Alzheimer’s disease and is being cared for at Heritage Oaks. Her family became concerned when she became fearful around relatives and had unexplained bruises. Carter’s two daughters placed a hidden camera in the room and were shocked by what it captured.

The video, which was released to Fox 4, shows workers pinching Carter and being forceful with her.

“My heart started racing and I was horrified,” Carter’s daughter Freddie Johnson told Fox.

Carter’s two daughters brought the video to nursing home administrator Jerry Warren, who disagreed with their interpretation of the treatment but did open an internal investigation into the matter. Dallas Morning News.

Ben A. Goff, elderattroney

Premises Liability

Premises liability cases are a special form of negligence cases. A subcatagory is the where the conduct of the owner manager did not  provide adequate security against criminal conduct . Timberwalk Apartments, Partners, Inc. v. Cain, 972 S.W.2d 749, 753 (Tex.1998). “Premises liability is a special form of negligence where the duty owed to the plaintiff depends upon the status of the plaintiff at the time the incident occurred.” W. Inv., Inc. v. Urena, 162 S.W.3d 547, 550 (Tex.2005). Different classes of persons are invitee, tenants and their guests, and licensees, everyone else except employees.
In order to recover from the owner or manager of an apartment complex it must be shown that the condition of the premises:
1. The condition created or tolerated posed an unreasonable risk of harm, and
2. They knew or reasonably should have known of the danger, and
3. They failed to exercise ordinary care to protect the tenant from the danger, by both failing to adequately warn of the condition and failing to make that condition reasonably safe.
4. The condition must be the direct cause of the injury.
5. The injury must have been foreseeable to the owner or manager to the complex.
If the injury is caused by criminal conduct, the question of forseeability is a much more difficult problem. It is enough to say that it is possible to hold the manager or owner liable under certain circumstances.