Following are actual case summaries, including the verdict, where security cameras and video surveillance warning signs could have changed the outcome for the business or property owner. When you balance the cost of security cameras against the potential cost of being sued and losing the case, security cameras are not expensive. You be the judge. The lesson: Protect yourself with insurance.

 

Type of Case and Verdict	Summary of Facts
Inadequate Security Negligent Security $9,534,297 Vu et ai, vs. United National Bank, et al.	Owner of tailor shop in small retail mall was raped by a visitor to the mall. Her husband was assaulted, tied and witnessed the crime. No tenant had ever expressed a concern for safety or need for additional security. Security guard was on duty during the criminal act, but it was determined that he responded too slowly. Jury found the property owner, property management company and guard company 87.5% liable and the rapist only 12.5% liable for the damages.
Premises Liability Negligent Maintenance $820,000 Harris vs. Ross Morgan and Park Sorrento Condominium Owners Association, Inc.	Harris lost her balance and fell down a staircase. She claimed that Ross Morgan negligently performed inspection services it was required to perform and that the stairs were constructed improperly.
Premises Liability Negligent Maintenance $6,656,881 Grassi vs. UDO Partners	Grassi was the owner of a small restaurant in a shopping center. Upon leaving work she stepped in a hole in the parking area and fell. She was seriously injured. The owners knew of the hole but failed to repair it. Grassi was also aware of the hole before the incident but stepped in it notwithstanding her knowledge. Defendants asserted that plaintiff could have avoided the hole.
Inadequate Security Negligent Security $3,589,641 Manley vs. Rainer	Manley was attacked and severely beaten in a restaurant - bar. He contended that the defendant had inadequate security and failed to take appropriate steps to intervene or prevent the assault and battery.
Inadequate Security Premises Liability $1,125,000 Kanemoto vs. Encino Manor Apartment, et al.	Kanemoto was bound, gagged and raped by an intruder who gained access to her apartment.
Assault and Battery $9,934,000	Mother of infant sued Day Care Center after her child was severely injured after being shaken by an employee. There had been previous complaints against the employee. Owner failed to take precautions. There were no surveillance cameras to monitor employees.
Premises Liability Negligence $321,406 Wassen vs. Village Green Homeowners Association	A resident of the Village Green HOA opened her garage by using her electronic door opener. The plaintiff, an 86 year old resident was standing in front of the door and was injured when the door opened. The resident who opened the door did not see the plaintiff.
Premises Liability $357,946 Lecuyer vs. Sunset Trails Apartments and MG Properties	Plaintiff was walking backwards, directing a truck when she fell into a planter. She sued the property owner and management company.

 

Agoura Hills Lake Lindero HOA Loses $15.6 million

A Van Nuys Superior Court judge ordered the Lake Lindero HOA in Agoura Hills to pay a $15.6-million judgment to the association's developer and former management company for the wrongful termination of its management agreement.

Court documents stated the board "breached the agreement when they stopped paying management fees under the agreement and prevented the management company from managing the premises.

In addition to the $15.6 million, a penalty of more than $3 million was ordered by the court to pay the management company's attorney fees and other costs.

According to the judge, a majority of members of the board failed to do the right thing. The judge scolded the HOA for having lost its way by carrying on a protracted battle and abrogating its fiduciary responsibility to the members.

Holding the HOA and its legal defense team liable for egregious errors and missteps in its dealings with the former management company, the judge said in court documents that the HOA board and its former president, Chris Barone, "engaged in the worst forms of ethical violations which have resulted in overwhelming and irremediable prejudice to the former management company.

The current HOA president is Hal Siegel, who served on the Barone board. Siegel was also chastised by the court.

 

Permission to reprint our Don't Let This Happen to You is granted provided Independent Insurance Agents of California is credited as the source.

 

Reasons HOA Defendants Hire Litigation Managers

Reasons HOAs Get Sued

Duty of HOA Boards to Protect Residents

Glossary of Security Terms

HOA Loses Millions