Name of Case: Chance v AMLI
Type of Action: Negligent Security
Type of Injuries: Abduction and Rape
Court & Case: U. S. Eastern District of Texas Court, Marshall Division, Case 205CV-464-TJW
Verdict/Settlement Amount: Jury verdict for the Plaintiff of $950,000
Attorney for Plaintiff: Todd Clement, The Clement Law Firm, (972) 250-6363
Security Expert for Plaintiff: Norman D. Bates, Liability Consultants, Inc.
OTHER USEFUL INFORMATION: The Plaintiff was a resident at the AMLI Breckinridge Point Apartments in Richardson, Texas. She was abducted from her apartment and subsequently raped by her ex-husband. The assailant had burglarized the apartment unit earlier that day by climbing a ladder he had placed in plain view against the Plaintiff’s second floor balcony. He smashed his way through the glass of the patio door and returned later to wait in hiding for the Plaintiff, who was unaware of the unlawful entry into her unit.
The maintenance manager for the apartment complex had observed the ladder placed against the Plaintiff’s second floor balcony, but failed to investigate or notify anyone, even though he testified that he was suspicious.
Mr. Bates testified that, in addition to the inherent risk of burglary into apartment units generally, there was a substantially increased risk of burglary to the Plaintiff’s unit, as well as other more egregious criminal offenses, when a ladder was placed outside her second floor unit. A ladder placed in this manner should have been suspicious, especially to the service manager, who was the individual responsible for overseeing all maintenance work performed at the site by AMLI employees and outside vendors. The patio door of the Plaintiff’s second floor unit was readily visible from the ground area immediately adjacent to the unit. As such, any diligent investigation would have revealed that the patio door had been shattered which, coupled with the presence of the ladder, should have alerted the maintenance manager to the presence of potential criminal activity
Mr. Bates opined that the failure to investigate, inquire further, and notify the individuals noted above was in clear violation of AMLI procedures governing such activity, as acknowledged by AMLI employees in their depositions, and was also a failure to comply with good and accepted practices for the apartment industry.