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Michigan Lawyers Weekly (2006)
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Reasonable Apartment Security
Reasonable School Security
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Litigation Cases |
22* |
Defense Cases |
13 |
Plaintiff Cases |
9 |
Litigation involving the adequacy of apartment complex security is, perhaps, the most common type of security related premises liability lawsuit.
Michigan-based security expert Roger Schmedlen is extensively experienced in matters relating to the security of apartment complexes, as well as the management of security officers assigned to apartment
complex posts. Additionally, he has conducted limited security surveys of apartment complexes and prepared post orders for use by security personnel assigned to apartment buildings.
Although many cases involving apartment security have valid foundations, others are nothing more than frivolous lawsuits. For instance, in one case, a plaintiff was abducted by an assailant who had
concealed himself behind another tenant's vehicle which was parked in the apartment building's lot. The sole basis of the plaintiff's suit was that the vehicle should not have been parked in the apartment's parking lot because it presented a
hazard. During the plaintiff's deposition, the defense attorney questioned whether or not the plaintiff felt that perhaps the apartment building, too, should have been removed since it presented similar security exposure. The plaintiff was
awarded nothing.
Frequently in these events, intruders have gained entrance to individual apartment units through sliding glass doors or windows. In one Michigan case the lock was not properly functioning and
although the plaintiff was aware of this, she never reported it to the apartment management. Following an eight day trial, she was awarded nothing and ordered to reimburse the defense for costs subsequent to the rejected mediation
recommendation. In a very similar case, the lock on a plaintiff's window was not functioning and this was reported to the apartment management. However, a few days later repairs had not yet occurred and an intruder gained entrance
to the apartment via this portal and sexually assaulted the female tenant. This case was settled for a reasonable figure.
Negligence is usually present when apartment management is aware--or should be aware--of an increased security risk, but fails to respond in any manner to this heightened exposure.
Mr. Schmedlen authored the "Premises Liability" section of the 1999 edition of Business Security Practices Reference, published by the American Society for Industrial Security,
International, which relates specifically to limiting risk at apartment complexes.
Information concerning minimizing exposure at apartment complexes is available at our main site. Please follow this link to: Apartment Complex Security.
Please scroll down to view security expert witness apartment case titles and a list of security surveys/risk analyses conducted by Mr. Schmeden at apartment complexes.
* Includes one assisted care facility, one public housing project and one mobile home park.
SECURITY EXPERT WITNESS LITIGATION CASE HISTORY
APARTMENT COMPLEX SECURITY AND LOSS CONTROL NEGLIGENCE
Estate of Roy Arms (Deceased)
Apartment security expert witness for plaintiff
Philadelphia, Pennsylvania
Elizabeth Nightengale v
Meadows Apartments
Apartment security expert witness for plaintiff
Washtenaw County, Michigan
Dina S. Glessner v
Patrick Henry Apartments
Apartment security expert witness for plaintiff
Oakland County, Michigan
Albert Norwood, Rep. of Justine Norwood (Dec’d) v
Mark Howell, et al
Apartment security expert witness for plaintiff
Ingham County, Michigan
The Clara Floe Estate....v.
Healthquest
Apartment (assisted care) security expert witness for plaintiff
Beadle County, South Dakota
Jane Doe v
Equity Properties
Apartment security expert witness for plaintiff
Dade County, Florida
Durrant, Herren, Gormoll v
Novi Meadows
Apartment (mobile home park) security expert witness for plaintiff
Oakland County, Michigan
Agnes Taylor v
Porcupine Security 1
Apartment security expert witness for defense
Genesee County, Michigan
Agnes Taylor v
Charter Oaks 1
Apartment security expert witness for defense
Genesee County, Michigan
Christine M., William J., and Alexis N. Neff v
Harbor Towne Apartments, et al
Apartment security expert witness for defense
Berrien County, Michigan
Marilyn Cohen v
Whethersfield Apartments, et al
Apartment security expert witness for defense
Oakland County, Michigan
Tyra Mattrox-Johnson v
Candice Paff
Apartment security expert witness for defense
Wayne County, Michigan
Jane Doe v
Brian Kerr, et al
Apartment security expert witness for defense
Grand Traverse County, Michigan
Amanda Bell & Patricia Pansey v
Georgetown Apartments
Apartment security expert witness for defense
Oakland County, Michigan
Maxwell v
Cincinnati Metropolitan Housing Authority
Apartment (public housing) security expert witness for defense
Hamilton County, Ohio
Crystal Kahn, et al v
Jupiter Western, et al
Apartment security expert witness for defense
Castle County, Delaware
Carolyn Bojalad v
Parliment Enterprises, Ltd., et al 2
Apartment security expert witness for defense
Cook County, Illinois
Carolyn M. Dale v
Parliment Enterprises, Ltd., et al 2
Apartment security expert witness for defense
Cook County, Illinois
Estate of Timothy Dale Harmer, Deceased v
McKinley Associates, a Michigan Corporation
Apartment security expert witness for defense
Wayne County, Michigan
Lena Ellis v
Atlantis Development Group, Ltd., et al
Apartment security expert witness for defense
Ingham County, Michigan
J.L.M. v
H & H Development Inc., et al
Apartment security expert witness for plaintiff
Vigo County, Indiana
Stevonne Wilson v
Pavilion Apartments, et al.
Apartment security expert witness for plaintiff
Newark, New Jersey
An attachment to Mr. Schmedlen's curriculum vitae identifies the clients in each of these matters and contains a recap of each of the cases.
1. The original client settled the case at Mr. Schmedlen’s deposition. A second defendant then
employed Mr. Schmedlen as his expert witness on this same case.
2. Separate cases relating to same apartment building.
SECURITY SURVEYS OF APARTMENT COMPLEXES
Diplomat Towers
Southfield, Michigan
Embassy Towers
Southfield, Michigan
River Terrace Apartments
Detroit, Michigan
Huntington Gardens Apartments
Huntington Woods, Michigan
An attachment to Mr. Schmedlen's curriculum vitae recaps the security projects listed above.
Questions on this subject? Write Roger H. Schmedlen, CPP, CFE, CII, MIPI
Apartment Security Expert Witness travel time is capped as follows on litigation cases:
3 hours round trip: Illinois (Northeast Illinois including Chicago IL), Indiana (North of Muncie IN), Michigan (All of Michigan except MI Upper Peninsula), Ohio (Columbus OH and Northern OH)
4 hours round trip: Delaware (All of DE), District of Columbia (Metropolitan Washington DC area), Florida (Orlando FL south including Florida keys), Illinois (All of IL except, Northeast Illinois, Chicago IL), Indiana (South of Muncie IN),
Iowa (All of IA east of Council Bluffs IA), Kansas (Eastern KS area including Kansas City KS), Kentucky (All of KY), Maryland (All of MD), Michigan (Central and Eastern Upper Peninsula, MI), Minnesota (East of Detroit Lakes MN), Missouri (All of MO),
New Jersey (All of NJ), New York (All of NY including NYC), North Carolina (West of Raleigh Durham NC metro area), Ohio (Southern OH, south of Columbus OH), Oregon (Coastal OR areas including Portland OR), Pennsylvania (All of PA), South Carolina
(Greenville SC Spartanburg SC area), Tennessee (All of TN), Virginia (Western VA west of Richmond VA), Washington (Coastal WA cities), West Virginia (All of WV), Wisconsin (All of WI)
5 hours round trip: Alabama (All of AL), Arkansas (All of AK), Arizona (Southern half of AZ south of Prescott AZ to Nogales AZ and including the Phoenix AZ and Tucson AZ areas), Arizona (Northwest AZ including Lake Mead, AZ and Las Vegas, NV
areas), California (Western CA coastal cities regions and Southern California including Los Angeles CA, Orange County CA and northwestern regions such as San Francisco CA), Colorado (Boulder CA and Denver CA areas), Connecticut (All of CT), Florida
(North of Orlando FL metro area, Florida Panhandle and of of FL in Central Time Zone), Georgia (All of GA including Atlanta GA), Iowa (All of IA west of Council Bluffs IA), Kansas (Most of KS west of Kansas City KS), Louisiana (All of LA), Maine (All
of ME), Massachusetts (All of MA), Michigan (Western Upper Peninsula MI), Minnesota (West of Detroit Lakes MN), Mississippi (All of MS), Nebraska (All of NE east of CO), Nevada (Extreme southern NV including Las Vegas NV region), New Hampshire (All
of NH), North Carolina (Raleigh Durham NC east), North Dakota (East of Minot ND), Oklahoma (All of OK), Rhode Island (All off RI), South Carolina (All of SC except the Greenville SC Spartanburg SC area), South Dakota (East of Rapid City SD), Texas
(Northeast TX including Dallas Fort Worth TX), Vermont (All of VT), Virginia (Eastern VA including Richmond VA)
6 hours round trip: Arizona (Northern half of AZ), California (Eastern CA north of Death Valley CA area), Colorado (All of CO except for Boulder CA and Denver CA areas), Idaho (All of ID), Montana (All of MT), Nebraska (Western NE), Nevada
(All of NV except extreme south Las Vegas NV region), New Mexico (All of NM), North Dakota (Minot ND and west), Oregon (Eastern 3/4 of OR), South Dakota (Rapid City SD and west), Texas (Northeast TX including Dallas Fort Worth TX), Utah (All of UT),
Washington (All of WA except coastal WA cities), Wyoming (All of WY)
Negotiable: Alaska, American Samoa, Guam, Hawaii, Northern Mariana Islands, Puerto Rico, U.S. Virgin Islands |