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August 31 - Newsblog #1
Your Injury Attorneys in the News: Homeowner and Wife Sue over Police Shooting
September 7 - Newsblog #2
Your Injury Attorneys in the News: Homeowner’s Possession of Handgun Legal Under 2nd Amendment
September 14 - Newsblog #3
Your Injury Attorneys in the News: if a Government or Government Agency is at Fault, You Can Sue
September 21 - Newsblog #4
Your Injury Attorneys in the News: Lawsuit Against Police Department Invokes the Civil Rights Act
September 28 - Newsblog #5
Your Injury Attorneys in the News: a Clear Line from the Action – or Inaction – to the Injury
October 12 - Newsblog #6
Your Injury Attorneys in the News: Police Insensitivity Turns Traffic Stop into a Travesty
October 19 - Newsblog #7
Your Injury Attorneys in the News: Police Who Abuse Power Must Be Held Accountable, Law Professor States
October 26 - Newsblog #8
Your Injury Attorneys in the News: Holding Overly Aggressive Police Accountable
November 2 - Newsblog #9
Your Injury Attorneys in the News: Brown Vs. Impd Case About Much More Than Punishment or Money
November 9 - Newsblog #10
Your Injury Attorneys in the News: Improper Medical Diagnosis and Care Resulted in Loss of an Eye
November 16 - Newsblog #11
Your Injury Attorneys in the News: Medical Malpractice Claims Have a Front End and a Back End
November 30 - Newsblog #12
Your Injury Attorneys in the News: Truths About Medical Malpractice
December 7 - Newsblog #13
Your Injury Attorneys in the News: Yes, You Can Sue City Hall
December 14 - Newsblog #14
Your Injury Attorneys in the News: Slip and Fall Changes Two Lives Forever
December 28 - Newsblog #15
In the News: Ramey & Hailey Year in Review
January 4 - Newsblog #16
In the News: Teen’s Sexual Abuse Case Calls Attention to the Problem
January 11 - Newsblog #17
In the News: Parents of Survivor Sue Parents of Shooter
January 18 - Newsblog #18
In the News: Erin Brockovich Teams Up with Indiana Moms
January 25 - Newsblog #19
Your Injury Attorneys in the News: Case Settled in Favor of Catastrophic Slip and Fall Injury Victim
January 31 - Newsblog #20
In the News: Wrongful Death Lawsuit Filed Against Rehab Facility
February 8 - Newsblog #21
In the News: Nurse Arrested in Sexual Abuse Case
February 15 - Newsblog #22
In the News: Running the Clock on Indiana Medical Malpractice
February 22 - Newsblog #23
In the News: to Repeal or Not to Repeal – Indiana Legislators Rule “not”
March 1 - Newsblog #24
In the News: Helping Physicians Keep Helping
March 8 - Newsblog #25
In the News: Parents of Brain-damaged Infant Sue Hospital
March 15 - Newsblog #26
In the News: Owner of Gun Wins Decision
March 22 - Newsblog #27
In the News: Indiana House Passes Long Term Care Protections Bill
April 5 - Newsblog #28
In the News: Slip-and-fall Victim Wins Right to Sue Dollar Tree
April 12 - Newsblog #29
In the News: Inspection Report Shows Vets Harmed at 52 Nursing Homes
April 19 - Newsblog #30
In the News: Sandwich Diversion Causes Fatal Two-semitrailer Crash
April 26 - Newsblog #31
In the News: Does Premises Liability Cover Goose Attacks?
May 10 - Newsblog #32
Two-week-old N.y. Verdict Offers Takeaways for Slip and Fall Victims
May 17 - Newsblog #33
In the News: Barrel Blast Triggers Wrongful Death Lawsuit
May 24 - Newsblog #34
In the News: when a Product Manufacturer is Not at Fault
May 31 - Newsblog #35
In the News – College Doc’s Sexual Abuse of Students Coming to Light
June 7 - Newsblog #36
In the News – One Week, Four Motorcycle Accidents
June 14 - Newsblog #37
List of Troubled Nursing Homes Released
June 21 - Newsblog #38
In the News: Kansas No-caps Ruling Changes Personal Injury Climate
June 28 - Newsblog #39
In the News: Jury Awards $10.5 Million for Pain and Suffering in Birth Injury Case
July 5 - Newsblog #40
In the News: More Indicted in Last Year’s Duck Boat Tragedy
July 17 - Newsblog #41
In the News: Richard Hailey on Litigation Team for Lawsuit Vs. Tesla
July 24 - Newsblog #42
In the News: Malpractice Lawsuit Yields Largest Award in History
August 28 - Newsblog #43
In the News: Trucks V. Passenger Cars – Score 18:116. Everybody Loses
December 4 - Newsblog #44
In the News: High School Chaplain Suspended on Allegations of Sexual Abuse
December 11 - Newsblog #45
In the News: Franklin, Indiana Continues to Face Toxic Waste Problem
December 11 - Newsblog #46
In the News: Franklin, Indiana Continues to Face Toxic Waste Problem
December 18 - Newsblog #47
In the News: Parents of Bus Accident Victim Awarded $20 Million
January 8 - Newsblog #48
In the News: Parents Sue After Daughter’s Brain Damaged in Surgery
January 10 - Newsblog #49
In the News: Trucking Accidents Due to Careless Driving Increase

Litigation Newsletter

Duty of Condominium to Prevent Criminal Acts

By collecting fees from individual condominium owners, a condominium association typically agrees to maintain the common areas of the complex. However, the association may also be required to take reasonable precautions to prevent criminal acts by third parties in the common areas. Third parties are people who do not own a condominium within the complex or are not the invited guests of current condo owners.

Association’s Liability

When a person is injured by the criminal act of a third party, the condominium association may be liable under a negligence cause of action for failing to take reasonable precautions to prevent such acts. To bring action, the injured person must establish that the association had a reasonable duty to protect the person from a third party’s criminal act.

Foreseeable Dangers

If the injured person is a resident or a guest, the association may have a duty to protect against foreseeable dangers. The duty stems from circumstances that indicate criminal activity is present. Such circumstances include past criminal activity, notification of recent criminal activity, or steps the association has taken against criminal activity. Under these circumstances, the association has actual knowledge of the crimes, or should have known of crime. Some examples are high crime rates, strangers on the property, dim lighting, and a lack of security devices such as gates, cameras, or locks.

Duty Assumed Voluntarily

The condominium association may also voluntarily assume the duty in a number of ways:

  • An oral commitment to the injured person
  • Precautions already taken to improve security
  • Written items in the association’s bylaws about certain security requirements.

Special Relationships

Under certain circumstances, the court may view the relationship of the injured person and association as similar to a landlord and tenant. In such cases, there is a special relationship, and a duty to protect against criminal acts is “owed.” Not all courts follow this view, and some hold that landlords generally do not have a duty to protect tenants from criminal acts.

Security Regulations Statutes

Finally, there may be certain statutes that require minimum security standards. Examples are city ordinances requiring dead bolts on exterior doors, or requiring that vacant structures be locked up. Violations of these statutes or ordinances by a condominium association are strong indicators of liability, but the injured person must prove that those violations directly contributed to the criminal activity.

  • Personal Injury and Defective Products
    Product or products liability is the area of personal injury law concerning liability for injuries caused by “defective” products. “Defective” products include products that are “unreasonably... Read more.
  • Proceeding with a Class Action Lawsuit
    A “class action” is a lawsuit brought by a representative plaintiff on behalf of a class of persons with similar claims. The class and the lawsuit must be certified by a judge as appropriate for class action treatment. If... Read more.
  • Recovering Filial Consortium Damages in Wrongful Death Actions
    Husbands and wives have traditionally been entitled to recover damages for “loss of consortium.” In cases where a spouse is severely injured or killed, the non-injured spouse will typically sue the wrongdoer for her loss of... Read more.
  • An Overview of Structured Settlements
    There are numerous legal situations in which a person may receive a large sum of money through a court award or settlement. Often arising as compensation for personal injuries or other acts, most such payouts are reduced due to some or... Read more.
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