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FMG Law Blog Line

Archive for September, 2011

Premises Liability: Has Apportionment of Fault Killed “Failure to Provide Security” Cases?

Posted on: September 1st, 2011

By Sun Choy and Jake Daly

Twenty years ago, premises liability typically meant property owner liability for the “slip-and-fall” case.  While “slip-and-fall” cases remain popular, landlords and property management companies have become the prime target of multi-million dollar claims for failing to provide adequate security.  In these “failure to provide security” cases, the plaintiff, usually a resident or invitee of an apartment complex, is the victim of a violent criminal act.  Instead of going after the criminal, the plaintiff seeks monetary damages from the “deep pocket” property owner based on a theory of negligence.  (more…)

Property Sellers Beware: Disenchanted Purchasers can be Litigious

Posted on: September 1st, 2011

By Bart Gary and Arthur Ebbs

The southeastern condominium glut in markets such as Atlanta and Miami is no secret.  You have likely seen the advertisements informing prospective purchasers of the “great deals” to be had.  While lenders and distressed asset specialists work to fill projects with eager bargain hunters, many existing homeowners are becoming disenchanted with their purchases.  It is not difficult to understand why the disenchantment level runs high with homeowners that purchased during the height of the mid-2000’s real estate boom.  Many of these homeowners have 100% financed mortgages for purchase prices that the market is not likely to see again in the near future.  There is no hope to sell the unit for anything but a loss.  In the meantime the homeowner may be facing a diminishing income and rising homeowners’ association dues.  Facing despair and feeling stuck, what does such a homeowner do? (more…)