Page 31 - Layout 1
P. 31
LEGAL EASE
nearby in the not too distant past that the owner/manager should The flip side of this issue are your rights as a victim. If your car is
be aware of. If only one car in your office parking garage was broken broken into or stolen, you may have a good claim if the property
into in the past five years, you probably don’t have a claim if your owner/manager hasn’t done a good job of protecting you. Just put-
car gets hit next. But if you can show it happened six times last year ting up a metal warning sign may not be nearly enough if you can
alone, and the owner/manager knew about it and didn’t take rea- show it hasn’t stopped break-ins. Many juries will expect a lot more
sonable steps to stop it (increased security, better lighting, video if there’s an ongoing history that management hasn’t really tried to
cameras, etc.), then you may have a case. Even if there isn’t a history eliminate. The law doesn’t require that they guarantee you a crime
of precisely identical crimes, the mere fact of somewhat similar free environment, but the law does require they take reasonable steps
crimes may be sufficient. A car theft may not suggest that next week to protect you.
somebody will be murdered, but it may suggest that next week
somebody’s apartment will be broken into. So, you’ve got rights as a victim. But, if you own or manage any
property, you’ve got obligations. Don’t be legally naïve and just as-
So, here’s the bottom line, take home message. If you own or man- sume the only person who can be hauled into court is the criminal.
age property, you can be responsible for the criminal acts that others The law casts a much broader net than that.
commit. You can’t play ostrich. If you should know about crimes
happening, not just on your property, but even just near your prop- George F. “Rick” Evans Jr., is the founding partner of
erty, you better take appropriate precautions to protect innocent Evans, Rowe & Holbrook. A graduate of Marshall Col-
people on that property (tenants, guests, whatever). What’s appro- lege of Law, his practice for 36 years has been exclusively
priate depends on the circumstances. Petty theft, non-violent stuff dedicated to the representation of physicians and other
happening in a parking lot may only call for increased lighting, healthcare providers. Mr. Evans is the BCMS general counsel.
warning signs, and video surveillance. Armed assaults may require a
lot more including 24/7 security forces.
visit us at www.bcms.org 31
