What Is a Negligent Security Case (Also Known As Inadequate Security or Premises Liability Case)?

If you are a victim of violence in a parking garage, in the parking lot of a shopping center, or in a friend's housing/apartment complex, could the commercial owner of these types of properties be liable for your injuries? The answer, as is so often the case in a legal context, is maybe.

These types of cases are referred to as negligent security, premises liability, or inadequate security cases and will require the hiring of a negligent security attorney.

The analysis a personal injury / negligent security attorney performs in deciding whether or not to take this kind of case involves answering two questions: was the incident reasonably foreseeable or was the incident reasonably preventable by the owner of the premises? And of course, should they have taken action if the violent incident in question was, in fact, reasonably foreseeable or preventable.

(1) Was the Violent Crime Foreseeable?

While not all inadequate security offenses can be reasonably be anticipated, many can and are. The police record of a particular location can be an amazingly precise forecaster of upcoming illegal activity in that same place. A corollary to this idea is that criminal/security-related activities that happen in one type of real estate asset (based on a wide range of circumstances) may be more likely to happen in similar demographic areas with similar qualities - but in different places. For example, one developer/owner may own several condominium complexes situated in different geographical areas, but the condos are often the same or identical style, have identical safety measures in place, and that attract people with similar incomes. This is because, many developers like to specialize - if they have had great success with luxury condominiums, the developer is likely to focus on building high-end condos. On the other hand, the same can be said for developing mobile-home parks.

If there is a pattern of security breaches (break ins, violence) happening in one place, it would be irresponsible and reckless for the owner/developer not to take precautions to prevent identical violence or theft-activity happening in their other properties with similar qualities.

An often quoted study conducted by Spelman et al, called "Crime Analysis" concludes that police-calls-for-service reports are a highly precise forecasters of future criminal activity. A personal injury attorney familiar with inadequate security cases will dig deeper and pull crime grids, call reports, incident reports, and local ordinance violations. Such a firm would also be able to subpoena security/maintenance records, video footage, and property management reports. Police records that report similar crimes will allow the lawyer to attempt to interview prior victims and witnesses to prior crimes in the same or nearby property. As you would probably guess, prior victims will have an interest in talking to the plaintiff/victim's attorney if for no other reason than to finally get the negligent property owner to take corrective action.

(2) Was the Violent Crime Preventable?

A negligent security attorney will likely hire an expert who will explain to a jury the Rational Choice Theory of crime prevention or the Routine Activity Theory of Crime Prevention.

Rational Choice. This theory proposes that when the apparent risks involved in committing a crime are outweighed by the apparent benefits of committing that same crime, logically (and statistically) the crime is more likely to occur. Therefore, a property owner should always try to heighten the potential risk and minimize the potential reward involved with committing a violent crime on that particular property. This is done by manipulating the environment (installing or improving barriers such as fences, gates, locks, and hedges/landscaping. This might include hiring roving patrols, setting up readily-visible security cameras, etc...

Routine Activity. When someone looking to commit a crime comes across a target with a lack of deterrents, that crime is more likely to occur. Manipulating elements such as those listed above, in addition to ensuring there is plenty of lighting to enhance visibility serves to signal a potential criminal that an area has or lacks control and security.

The criminal-prevention expert will be familiar with ASIS - the industry-leading security organization that publishes General Security Risk Guidelines relating to: security officer training, security officer and property employee background-screening guidelines; violence-deterrent guidelines. This will be in addition to being familiar with the Illuminating Engineering Society's lighting-standard guidelines for a variety of commercial and residential properties.

5 Major Mistakes New Entrepreneurs in Assisted Living Make - And How They Can Be Avoided

Some of the most well meaning professionals contact our offices or one of our affiliates wanting to increase their personal income and serve society by entering into the assisted living business - sometimes on a small-scale (6-12 beds) and often much larger. These special programs provide clinical competence, quality shelter and personal care assistance for some of the most vulnerable among us including the catastrophically injured and the medically fragile elderly who do not belong in a nursing home.

Those who contact us seek direction on program models and types or they look for valuable information from our paid webinar or conference call sessions (which are conducted early mornings and late evenings for the convenience of busy professionals). Some of you look to engage others in your business plans, i.e. relatives or existing business partners and would like direction on how to do it.

Having assisted in the establishment of or the refining of more than 200 programs, we delight to help people enter the business correctly. After all, America was built on entrepreneurism.

However, there are even more people who enter the business having made some critical, avoidable mistakes and end up having to pay us to clean it up. We are happy to do it, but it makes our job harder. So let us discuss some key ingredients associated with a pattern of success by enumerating those five, (5) most commonly made mistakes:

I. Wrong Real Estate

Those who engage the technical advisor/consultant early in the process have quality direction in advance of purchasing real estate. Since real estate should be selected based upon how best it can serve the needs of the intended population and not just due to its reasonable price, professional insight in this area is meaningful.

II. Wrong Interim and Initial Personnel

New entrepreneurs are quick to align themselves with people who have worked in care. Often these are individuals who have provided direct care to a population with grave illnesses. Perhaps they have performed well in the clinical end of care. For some, thanks to meeting the requirements of one, (1) year of experience and completion of high school, they qualify to act as the administrator of record for the newly licensed program based upon currently published licensing guidelines.

Problem: This same person, while a high quality direct care deliverer, is not a trained, effective or savvy marketer. Their contacts with referral sources may leave them feeling as though they are completely out of their league. As a result this new entrepreneur in the business of care has set-up a good person to fail as a result of asking them to perform tasks they are not qualified to undertake and the initial impression to the long-term community at large may be a bad one to start.

This same person - on whom the new entrepreneur in care has latched - is not a technical writer. They may also not be trained in the professional development of plans of care, contract negotiation with community mental health agencies, responding to insurance issues affecting payments from no-fault insurers for a catastrophically injured person or the management of a clinically competent care environment. All of this underscores the need to be discerning in the selection of this initial staff member, especially management.

Ask yourself: Are they a certified brain injury specialist? Do they have clock hours learning what is involved in plan of care development? Do they have an advanced degree? Is their experience limited to simple, small-scale home management and direct care delivery or have they successfully swam with the sharks of long-term care?

Sentimentality cannot be allowed to override good judgment in this process. You need the right people.

III. Ignoring Regulatory Requirements

Every state of the union has clear, concise guidelines for determining what program models require licensure. Some attempt to render services without adhering to these guidelines resulting in licensing authorities seeking injunctions in circuit courts and even worse. Often a cursory review of licensing guidelines is not enough to consider oneself literate in this process.

Refusal to accept the value of regulatory compliance can be a fatal mistake on multiple levels.

IV. Refusal to Accept the Necessity of Effective Marketing

Many feel they have entered the business once they have a house. This is far from the truth. That house has to be converted into a workable, marketable, community responsive and clinically competent program with expert management. Holding title to the structure is by far not enough.

A similar situation would be present if this line of thinking existed as often occurs when you have the wrong personnel. Nice house - but no long-term profitability.

V. Absence of Operational Protocol

A business needs clear, enforceable guidelines to govern the work of its employees. An assisted living business needs routine and general policies and procedures to ensure there is a daily protocol that is not abandoned in the execution of services to residents. Staff must be trained in wound prevention and management, medication administration guidelines and so much more. Without it, no business can exist and thrive.

Want to avoid these pitfalls? Employ the right technical advisor/program manager who will hold your hand every step of the way. After all, a little leadership can be the recipe for avoiding tons of headaches down the road.

I am hopeful all of this will be extremely helpful to you and I thank you for allowing me to share.

MRSA in Nursing Homes

Nursing Homes have long had a MRSA (Methicillin resistant Staphylococcus aureus) problem that is very close to the well documented hospital acquired MRSA challenges. This problem also extends to any residential facility that provides health care. Here is a short list of some of these types of facilities outside the traditional hospital that may be contributing to the MRSA problem:

• skilled nursing facility


• rehabilitation centers


• long term care facilities


• retirement centers


• assisted living centers


• group homes


• senior care


• residential homes


• home care services

A common misconception is that these facilities primarily provide care to the aged population. This type of medical facility can be a place of residence for anyone who requires constant nursing care and have significant deficiencies with activities of daily living. Residents include the elderly and younger adults with physical disabilities. Unfortunately, a patient may enter a center for care after an illness or accident and contract MRSA through no fault of their own.

Nursing homes and other extended care facilities have long known about and monitored the resistance patterns of infection causing organisms. This is important information for them to know because the "hospital acquired" or nosocomial infection rate is something they must control. Choices of antibiotics for these health care facilities are greatly influenced by this data. Just like other medical facilities, MRSA in nursing homes is caused by person to person contact, contaminated equipment and the environment. With the smaller staff at these facilities, attention to sanitation procedures can be a real problem.

These facilities generally have a sicker patient population with many health issues requiring diligent care. Long term care patients may have had multiple infections with a greater probability of the development of resistance because of repeated exposure to antibiotic treatments. This patient population routinely undergoes catheterization, ventilation, central lines and intubation - all invasive procedures which can create additional opportunities for MRSA infection. Bed ridden patients are also highly susceptible to the development of bed sores (also called decubitus ulcers). Multiple hospitalizations may contribute to the problem in the long term care facility or vice versa - the nursing home admissions may contribute to the resistance seen in hospitals. Hospitals are beginning to swab patients as they are admitted from nursing homes.

Whatever the source, MRSA infection In the elderly and immunocompromised patient can have devastating consequences. MRSA infects wounds, the respiratory system, or the urinary tract. A symptomatic resident in these facilities, who has methicillin resistant staph aureus isolated from the urine, should even be evaluated for the possibility of sepsis.

As our population ages, we need to be concerned about MRSA in the long term care facility. This could prove to have major implications on how well our loved ones live out their later years. Families should be on the watch out for MRSA outbreaks in the long term care facility and be an advocate for the inpatient who may not be able to speak for themselves.

I Am A Dog Bite Victim: Should I Sue Or Settle?

Dog Bite Incidents and how the law can protect you.

If you have been bitten by a dog you may be able to sue the dog owner in a personal injury lawsuit. Different states may have different laws and the amount of money you can get can vary. Therefore consider hiring a local attorney who is familiar with the state laws.

The dog owner may be liable for almost any injury their dog was involved in. There could be exceptions, however. If the victim was on private property trespassing or caused a dog to upset into attacking, then the dog owner might not be at fault.

You may be able to file a lawsuit for negligence if dog owners actions caused the accident. For example if the owner was aware of the fact that the dog was dangerous and did not take appropriate steps to prevent the dog bite accident.

Another example of negligence could be for example, if the dog's owner disregards public safety and leaves the fence door, gate, or door open or does not use leash where required by law.

If you have been injured, you may need to consult a personal injury attorney who is experienced in your state laws and has experience representing other victims of dog bite incident.

After you hire a lawyer, he or she will gather all the facts, any evidence and will draft a demand letter. The demand letter includes details of your dog bite injuries. It will also include a state that you intend to file a lawsuit. Your lawyer can write up arguments as to why the lawsuit is justified. He or she can also specify any settlement amount you may be requesting from the other party in order to avoid a trial in the court. It is probably best to avoid trial and settle for an agreed upon amount for a dog bite incident if this is acceptable by the victim. A lawsuit can be a very expensive, lengthy, and stressful endeavor.

If the dog owner agrees and accepts the settlement figure offer without further negotiation, it may be a good idea to not to proceed further to the trial and take the settlement if that is what the dog bite victim wants. If the dog owner offers a counter-offer then options are to litigate, negotiate further, or accept the counter offer.

If the settlement negotiations fail, it may be necessary to go to trial.

5 Industries That Will Hire Freelance Writers

Freelance writers who want to grow their freelance writing business will be excited to know that in 2011, certain industries will be growing and hiring. These industries will need web content writing, copywriting, blogs, article writing, newsletters, and other writing. It's up to you to take advantage of the opportunity to market you and your writing services.

5 Industries That Will Hire Freelance Writers

Travel. You may not believe that tourism is increasing but it is thanks to baby boomers. This group won't give up travel. They have the funds to travel wherever and whenever and like to get a good deal. If you're interested in travel writing, now is the time to get started. If you have prior experience as a travel writer, start marketing your writing services to travel agencies and your local tourism office. You could find fun writing opportunities such as adventure travel, food and wine writing, and other niches.

Doctors. The health care industry will experience growth because baby boomers are getting older and will require more medical attention. This means doctors will expand their offices move to new and additional locations. They'll need to market their new (or improved) offices and freelance writers can help them do this through copywriting and web content writing.

Nursing homes and assisted living facilities. Believe or not, some baby boomers will be entering nursing homes and assisted living facilities. More and more of these facilities will be built now and in the future. They'll need freelance writers to help them market these businesses.

Education. Colleges and universities are not going away. In fact, they're adding more teachers as are public school systems. Schools wanting to attract students will need help with this. Freelance writers can write the copy for brochures, newsletters, and websites. Freelance writers, who love education, take advantage of this area.

Staffing and recruiting. Many businesses will be employing more office workers and need help finding intelligent office workers. Businesses will turn to staffing and recruiting companies to help them find the employees. Freelance writers can help staffing and recruiting agencies by writing copy for brochures, print and radio ads, and web content.

Freelance writers who want to grow their writing businesses will take advantage of the growth within the industries listed above. If you want to become wealthy freelance writers, you must get out of your comfort zone. Start approaching medium and large businesses and stop looking on certain job boards that post low paying writing opportunities. Make a commitment to work with clients that understand business and will pay your writing fees. You'll have to occasionally negotiate your rates, but it's not a good idea to accept assignments just for the money. You won't be happy and it will show in your work. If must make ends meet, you may consider getting a 'temporary' job that will pay the bills while you build your freelance writing business. Remember, "Rome wasn't built in a day." Don't get discourage if you don't make $10,000 or more a month straight-away. It will happen if this is what you truly desire.

Feelings of Guilt When Our Parents Go Into an Assisted Living Facility

When my mother began having falls and was having difficulty remembering to take her numerous medications three times a day, we discussed the idea of an assisted living facility. My mother and I spent several days checking out various places and she was put on a list for three of the ones she liked the best. And then she settled back and thought she probably had about two years before she'd have to leave her home. But the call came in just three months time.

My mother was strong-willed and extremely independent. She dug in her heels and decided that it was too soon. But it was her favorite place because it was less than one year old and offered an on-the-premise grocery store. We went to visit it again and after meeting some of the people who lived there and the staff, she agreed. Until it came time to pack up her things and then she dug in her heels again.

And that's when guilt came again to weigh heavily on my shoulders. My feelings of ambivalence jumped to the fore. Was it really for the best? Was she going to feel abandoned? When our elderly parents are least able to do things for themselves, they are expected to meet new people, make new friends, get used to a new environment and become accustomed to new ways of doing things. Admittedly, it is a difficult challenge for them but there are often few other viable options available.

On the one hand we know that it is the best solution because they will get better medical care, there are more social opportunities, they are closely monitored and the facility has the means to take better care of your elderly loved one than you can. And also when we remember that the decision-making abilities of the elderly are not as good as they once were, we know it is the best thing to do.

But knowing that doesn't stop us from feeling we're not doing as much as we should be doing. We suffer with feelings of inadequacy, guilt over not making as many phone calls as they would like us to make, trying to get them to do what they don't want to do, i.e.: drink more fluids or eat more fruit, or things like doing chores for my mother while on a visit. She did not consider it a visit even when I had spent several hours chatting with her while I was working.

As the only daughter and the one who took her to her appointments, did her chores and looked after her, I was also the one who bore the brunt of her anger. Her anger and frustration always left me feeling as if I hadn't done enough for her. This led to extreme feelings of guilt. Could I do more? But often I wasn't sure what was expected of me.

Added to that was my mother's fear of dementia which led to more anger when her memory failed. But when I took her to a Gerontologist doctor who suggested medication, it just fueled her anger. The burden seemed to be on me to help her feel better but I didn't know how because I agreed with the doctor that she should have medication.

My mother has since passed away. With much soul searching I have decided that I had done the best I could with what I had available to me. I do believe the assisted living facility was good for her. And on her good days, she loved it there and was very happy with the staff and her surroundings.

For those who are going through this difficult situation and have feelings of guilt riding on their shoulders, it is very helpful to talk to others who are dealing with the same situation. I believe there are few of us who do not at some time or another feel guilty with decisions that have been forced upon us when caring for our elderly parents. If we know that we are doing the best we can, we can do no more.

Assisted Living - What Can You Expect?

In today's world, finding suitable care for our elderly loved ones is becoming a complicated choice. It's hard enough deciding what type of care makes the most sense from both a practical and financial standpoint. And even then you still have to sort through all the jargon to choose between various levels of in home care as well as the many different types of facilities that may advertise senior care, senior living, independent living and even Alzheimer's care.

But perhaps the biggest factor in deciding what type of care to choose for an elderly parent or loved one should be made in consideration of what type of lifestyle they currently have and are trying to maintain. And if your senior is somewhat independent and wants to stay that way as long as possible, assisted living might be just what they need.

A look at daily life

Housing - Each resident or couple will usually have their own apartment or living space to themselves. These housing units will include standard furniture such as beds and dressers, private bath facilities and may potentially include full kitchen accessories such as a stove and refrigerator. They can come and go as they please, although most facilities will encourage residents to check in for their own safety.

Daily Living - Each resident may have different needs for what services they need depending on their level of lifestyle and mobility. Daily living services can including anything from housekeeping services like cleaning and laundry to more personal services such as help with bathing and dressing. As an individual or couple's situation changes, the services provided can also be altered to meet their new needs.

Common Areas - Common areas will typically include a restaurant style area for serving meals, as well as areas for games, activities and social gatherings. Some facilities may even include things like a library, movie theater, fitness center and a pool. It is also common to find quiet areas for reading as well as a chapel of some sort.

Meals - Many senior apartments will come equipped with a basic kitchen, but meals are typically provided at set times in a common area. However, the quality and types of meals may vary widely.

Medicine - Getting help administering and managing daily medication is one of the primary functions at an assisted living facility.

Activities - No discussion of senior living would be complete without at least a mention of activities which rival cruise lines when it comes to fun.

The bottom line is that a facility that describes itself as assisted living is more than likely best suited for a relatively mobile and independent senior. For example, the facility staff will help seniors manage their medication and other important daily activities; but it would not be suitable for seniors that need close supervision or help.