Originally Posted By alphabetmom I am taking a buisness law class. I can't find an answer to one of my homework questions. Can someone please help me. Question: Atlas Apartments, Inc., owned a large apartment complex. In the center of the complex was a parking garage. Since the garage was old and not well lighted, Atlas contracted with Cameron Construction Co. to install lighting on all levels. The lighting was to be completely installed by January 31, 1999. On December 1, 1998, Cameron discovered that it could not complete the installation on time, so it assigned the contract to Liberal Lighting Co. Liberal failed to complete the lighting installation on time. On February 14, 1999, Mary Jones, a tenant at the Atlas Apartments, was walking to her car in the parking garage, when she was sexually assaulted. Mary sues both Cameron and Liberal for breach of contract, alleging that if the lighting had been installed on time, she would not have been attacked. There is evidence that Mary’s contention is factually correct. May Mary sue on this contract? If Mary collects from Cameron, what rights does Cameron have against Liberal?
Originally Posted By A Happy Haunt alphabetmom, did you ever find an answer? I would imagine she has the right to sue all parties involved/at fault.
Originally Posted By alphabetmom Thanks I muddled thru it. Final was tonight anxiously awaiting for my grade to be posted
Originally Posted By TINK-MOBILE Hi there I am not a lawywer, but I would think that she would sue Atlas Apartments as they did not ensure her safety on their property. I would think that they would counter sue the other party for not having met their responsibilty , and the other may sue the latter as they did nor conform to their agreement....
Originally Posted By Ursula It has been my experience that apartment complexes are not repsonsible for anything on their property when attacks or robberies occur.
Originally Posted By beamerdog There was a case many years ago in Pennsylvania where a landlord was held responsible for the rape of a tenant. It happened close to the U of P campus in Philadelphia. That's all I can remember about the case. <<<not a lawyer.
Originally Posted By Ursula I was. The apartment complex handed me a copy of the lease that said they were not responsible, even though they are a "secure" and gated community, blah, blah. Hey, they even had their own security unit! And then they refused to allow me to put up notices in the laundry area to warn others to be more aware in the parking structures. So, I just told everyone instead and let my neighbors know and ask questions. And then we moved. I still get angry about it and it was 10 years ago.
Originally Posted By TINK-MOBILE That isn't right at all, you are paying for that added security I would think in your monthly rent..that really takes the cake.. Sorry to hear that...were you able to claim anything thru your renters home insurance.. Good thing you moved...hope you are better protected to-day... Awareness of these things sure can make a difference, hope others moved as well...take care.. On a Happier note...Happy St Patricks Day hope to see you in Disneyland again..
Originally Posted By SuperDry <<< That isn't right at all, you are paying for that added security I would think in your monthly rent..that really takes the cake..>>> You are, and you aren't. I remember when I lived in a "secure" apartment complex about 10 years ago. Gated entrance for both vehicles and pedestrians, on-site security, and so on. The thing is, the lease and other paperwork made it clear that they weren't actually providing security. In fact, even though the on-site people had guns and handcuffs, they were not security but instead were a "Courtesy Patrol." Uh huh. And, we were instructed that if there was ever a safety issue, the thing to do is not call the office or the security (er, courtesy) booth but instead call 911. They were definitely making it quite clear to the maximum extent possible that although we paid higher rents for extra security, what was being provided was not actually security should something happen. I guess in that case, I can see the logic. They definitely did what they could to keep things together, but just like the police, private on-site security can't be everywhere at once and watching all things at all times.
Originally Posted By Princessjenn5795 I think it would also depend on which state you are in and the landlord/tenant laws of that particular state as they all vary.
