“Apartment Managers Can’t Turn a Blind Eye to Crime,” says Apartment Crime Lawyer Memphis,TN Knows and Trusts.

As an apartment crime lawyer Memphis, TN  knows and trusts, I can tell you that in Tennessee, the law requires property owners to take reasonable measures to protect their tenants and guests from foreseeable criminal attacks.  Many apartment managers and owners fail to do this, and in some cases, innocent people living in or visiting apartment complexes or communities are injured as a result.

What is a foreseeable crime?

Tennessee case law states that the degree of foreseeability needed to establish a duty by an apartment owner to protect against criminal acts will almost always require that prior instances of crime have occurred on or in the immediate vicinity of the property. Courts will consider the location, nature, and extent of previous criminal activities and their similarity, proximity, or other relationship to the crime that resulted in personal injuries to an innocent victim.

Assessing Crime at an Apartment Complex

So, what is a property owner or apartment manager in Memphis TN supposed to do? The owner or manager can start by assessing the level of crime within the apartment complex and surrounding neighborhood. How is management supposed to know about crime? Many apartment managers commute to work from some other neighborhood and don’t even live in the apartment complex they manage, so they are disconnected from the community.  Even if a manager does live on site, the manager might claim he or she never observed any crime occurring, and thus had no reason to know security measures were necessary. Good enough? Not by a long shot. There are many tools available today for property owners and managers to use to assess crime as the first step in developing a reasonable security plan for an apartment community.

Reviewing and Monitoring Crime Levels apartment crime lawyer memphis, tn

As an apartment crime lawyer Memphis, TN counts on, I regularly obtain the following information while representing victims of apartment violence and shootings, so we  know that the same information is available to apartment owners and managers.

  • CAP Index® Reports– According to the company’s website, CRIMECAST Reports are designed to identify the risk of personal and property crimes at a particular location.
  • Crime Analysis Reports. In the City of Memphis, a property manager or owner can submit a Crime Analysis Search Request to the Memphis TN Police Department and receive a Crime Analysis Report.  Information can be requested for a specific address, apartment complex, police district, or radius around an address.  The Report generated identifies the number and types of crimes for the time period requested, the specific location of each crime, and the corresponding incident report numbers for each crime.
  • Review Police Incident Reports. In Memphis, TN, an apartment manager can request copies of police reports in order to understand the types of crimes being committed on or near a property.
  • Calls for Service. In Memphis, TN,  a property owner or manager can request the calls for service made to a particular address or apartment complex.
  • Statistics from Local Police Precinct.  A property owner or manager can also visit the local precinct, discuss crime in the neighborhood, and request and obtain information concerning crime statistics for the area.

Are you the Victim of an Apartment Crime or Apartment Shooting? If so, call the apartment crime lawyer Memphis, TN knows and respects! 

If you are the victim of a serious injury due to apartment crime, please call Wiseman Bray PLLC today at 901-372-5003. We’ve helped others like you, and we can help YOU recover if apartment management failed to take reasonable measures to protect against foreseeable criminal attacks.  Wiseman Bray PLLC is an apartment crime lawyer Memphis, TN  knows and trusts. We will meet or speak with you and discuss whether you might have a case at no charge.  Let us get to work for you.

Here are the experienced Memphis apartment crime lawyers at our law firm who will work on your case:

 

Injured by a Drunk Driver?

drunk driver personal injury lawyer

The Sad Truth About Drunk Driving

Chances are, you either have been or will be the victim of a drunk driver in your lifetime. We know that intoxicated drivers cause personal injuries and deaths every day, but they also cause property damage. Even if you are not injured, your property may be. For example, drunk drivers often cause damage to other cars, houses, businesses, guardrails, signs, yards, and landscaping.

Drunk Driving Statistics

What are the odds that you have been or will be affected by a drunk or intoxicated driver? Take a look at these harrowing  statistics:

  • Every 2 minutes, a person is injured in a drunk driving crash.
  • On average, 2 in 3 people will be involved in a drunk driving crash in their lifetime.
  • The rate of drunk driving is highest among 26-29 year olds at 20.7%.
  • In 2014, 9,967 people died in drunk driving crashes. That’s one every 53 minutes. Another 290,000 were injured in drunk driving crashes.
  • Drunk driving costs the U.S. $132 Billion a year.
  • In 2010, drunk driving alone accounted for 18% of the total economic loss from motor vehicle crashes, costing the economy as much as $199 billion in direct and quality-of-life losses.

What does Drunk or “Intoxicated” Mean?

Tennessee law provides that a person is intoxicated when his or her physical and mental abilities are impaired as a result of drinking or drug use. The impairment must be to the extent that the person can’t act with ordinary and reasonable care like a sober person would under similar circumstances.

Can a Drunk Driver or Person Be Negligent?

Yes!  A drunk person is held to the same standard as a sober person.  Being intoxicated is no excuse for failure to act as a reasonably careful person.

We Represent Victims of Drunk Driving.

As a victim, you need a lawyer with the experience, drive, and knowledge necessary to compete with the insurance companies who are handling your claim. Otherwise, you’ll end up being a victim twice, and you might not even realize it until it’s already too late.  We are victim attorneys and we represent people who have been injured or damaged by drunk or intoxicated drivers. If you need help, we have offices in Memphis and Nashville Tennessee.  Please call us at 901-372-5003 or email us here.

 

Partially at Fault in a Car Wreck in Tennessee?

partially at fault, car wreck lawyer in memphisLaw FAQ: I was in a car wreck in Tennessee, and I may be partially at fault. Do I still have a legal claim?

ANSWER:   Maybe.

You can take comfort in the fact that “slam dunk” cases rarely exist.  There are 2 sides to almost every story.  Indeed, real life is never quite so neat and tidy.  Many car crashes are the result of a number of related factors, circumstances and events on both sides that – when combined together – cause accidents to occur.

For example, someone might have run a red light and pulled out in front of you; however, you might have contributed to the problem by speeding, or not wearing your seat belt, or not paying as close attention to the road as perhaps you should have been.  Thus, while you didn’t necessarily cause the wreck, you may be wondering whether your own speed or inattention may have increased the amount of damage or injury caused.

And so the question is: do you still have a legal claim for your car accident or personal injury?

Well, the answer is: it depends.  Many people are partially at fault and some of them are still able to recover damages in a car wreck case.

Doctrine of Comparative Fault

Under Tennessee law, a defendant in a car wreck case is entitled to point the finger at another person (or multiple persons), including the plaintiff.  In other words, a defendant can ask a jury to assign fault for an accident, either in whole or in part, to someone else.  Legally, this is referred to as the “doctrine of comparative fault” – i.e. the jury is asked to literally compare the fault of the parties.

In practice, this means that the jury will listen to all of the competing evidence and then assign a percentage of fault or negligence to each person alleged to have contributed to the accident.   The total of the percentages must add up to 100%.  The jury is then asked to affix the amount of total damages suffered/incurred.

These fault allocations and damage findings determine whether, and to what extent, a plaintiff is entitled to recover.  Specifically, the damages recoverable by the plaintiff are based on the percentage of fault assigned to the defendant.

  • Example: If the jury finds that there were total damages of $100, and the defendant is assigned 75% of the fault compared to only 25% fault for the plaintiff, then the plaintiff would recover $75 (75% x $100).  The plaintiff wouldn’t be entitled to recover the percentage of damage that he himself caused.

Modified Comparative Fault

Note also that Tennessee follows the doctrine of modified comparative fault.  This means that if the plaintiff is found to be  50% at fault for an accident, then he or she is prohibited from recovering any damages at all. So, even if you are partially at fault for an accident, as long as you’re not 50% at fault, you can still recover.

  • Example:  Using the scenario above involving damages of $100, if the jury were to find the plaintiff and defendant equally at fault (50/50), then the plaintiff would recover $0.

Pure Comparative Fault in Other States

By comparison, some states like Mississippi utilize the doctrine of pure comparative fault, which means that the plaintiff can recover for any fault of the defendant, even a mere 1%.

  • Example:  Using the scenario above, if the car wreck  occurred in Mississippi and the defendant was 1% at fault, then the plaintiff would be able to recover $1, even though the plaintiff was 99% at fault.

Partially at Fault But Think the Other Driver was Responsible?

Each case is unique. It sounds cliche, but it’s the truth. At Wiseman Bray PLLC, we will look at your case and advise you on the best way to proceed. If you have a question involving a  car or trucking accident or a wreck involving serious personal injury, please feel free to call our office at (901) 372-5003 for a FREE consultation.

We Represent Victims of Car Wrecks.

Visit our website to learn more about our work for car accident victims. You can meet our team by clicking here.