Lawyers target poor security; juries punish property owners for crimes on their premises

Article Abstract:

Premises liability is appearing increasingly in the courts with litigation by crime victims against landowners whose property a crime occurred on. The Assn of Trial Lawyers of America has an Inadequate Security Litigation Group, formed in 1992, to deal with the issue. Plaintiffs in these cases argue that foreseeability of a crime should be a major factor in determining landowner liability. Defense lawyers say crime can take place anywhere and landowners cannot prevent it, though admitting that these cases can be difficult for the defense since the plaintiff usually evokes sympathy from the jury.

Analysis, Laws, regulations and rules, Third parties (Law), Premises liability

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Punish after acquittal? Yes!

Article Abstract:

The US Supreme Court confirmed with its 1997 ruling in United States v. Watts that acquitting someone of a criminal offense does not mean the underlying facts cannot be used in another proceeding with a lower burden of proof. In Watts, the second time was a sentencing proceeding, which bears a lower standard of proof than the original proceeding determining guilt. The statutory range for the sentence was five to 40 years, and the sentencing judge had to decide on where in that range the appropriate sentence was.

Sentences (Criminal procedure), Criminal procedure

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Crime victims now seek damages from landlords; in the past few years, appellate courts have issued several decisions in the area known as premises security litigation

Article Abstract:

Tenants who are victims of crimes on their rented premises may be able to bring premises security litigation against their landlords. Evidence of foreseeability, owner's duty to provide security, breach of that duty, and proximate cause of injuries are the main elements to be proved in these suits. A review of the latest cases in this evolving legal area is also included.

Tenants, Safety and security measures, Landlord and tenant, Landlord-tenant relations, Rental housing

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