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Dwayne B.
Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26188
Experience:  Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
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My son walked into a apartment building and is on video surveillance

Resolved Question:

My son walked into a apartment building and is on video surveillance doing so. 42 minutes later he is captured on video surveillance hitting the pavement behind the building. He was pronounced dead on the scene. The police, private investigators, family and friends have been unable to make any connection between the building and my son. His death was ruled an accident by the Medical Examiners office. Family members have been denied access to the tenant list of the building. We've been told by the police, if we have a name to give them, they will cross check the list for it.
They are unable or unwilling to show us the tenant list and it will not be released to the family without filing a lawsuit. We have no grounds in which to file a lawsuit, or so I've been told. My question is: In Chicago, during the course of a death investigation, is it not legal to show the family members of the deceased, the tenant list of the building in which he fell to his death from?

Thank you.
Submitted: 6 months ago.
Category: Criminal Law
Expert:  Dwayne B. replied 6 months ago.

Dwayne B. :

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification.

Dwayne B. :

It isn't illegal to show a tenant list.

Dwayne B. :

So, therefore, it is legal.

Dwayne B. :

You could also file a lawsuit against the building for negligence and allowing access to a place from which someone could fall.

Dwayne B. :

The tenant list would then be discoverable under the concept of potential witnesses.

Customer:

So far I have been unable to find a lawyer willing to take the case.

Dwayne B. :

You're probably not going to be able to find one to take the case on a % basis at this point, you'd have to pay them by the hour to do the work.

Customer:

He was legally intoxicated at the time of his death, there is no disputing that fact.

Customer:

I just find it hard to believe that the police will not show anyone the tenant list

Customer:

of the building.

Dwayne B. :

It's not unusual for police not to reveal portions of their investigation or the list of witnesses.

Customer:

How can you make a connection between the building and my son, if you don't know who occupies the building?

Customer:

There are 270 apartments within the buidling.

Dwayne B. :

I don't understand what you mean by that. Can you reprhase?

Customer:

No one knows why my son went to this particular building, or what transpired for the 42 minutes from the

Customer:

time he entered until the time of his death.

Dwayne B. :

I understand. What you have to do is base the initial lawsuit on there being a defect in the building which allowed him to fall.

Dwayne B. :

In some cases you can even get a judge to allow you to tile a lawsuit simply for the purposes of doing discovery to determine if a full lawsuit is viable.

Dwayne B. :

Again, you would have to pay the lawyer a fee to do it but there are ways to get the list other than through the police.

Dwayne B. :

A final "end around" may be to hire a private investigator. They often can get the lists of tenants from the police, the company that owns the building, or even by a contact inside the utility department.

Customer:

Already have gone the PI route, no luck.

Dwayne B. :

It works 90% of the time but it occasionally fails.

Customer:

Thank you, XXXXX XXXXX the information.

Dwayne B. :

You're very welcome. Anything else I can assist with?

Customer:

Nothing else.

Dwayne B. :

Best wishes to you on this and please don't forget to leave a Positive Rating (of course I’d suggest Excellent!) so I get credit for my work.

Dwayne B., Lawyer
Category: Criminal Law
Satisfied Customers: 26188
Experience: Numerous criminal trials ranging from traffic to murder, practicing Criminal Law for 20+ years.
Dwayne B. and 4 other Criminal Law Specialists are ready to help you
Expert:  Dwayne B. replied 5 months ago.
Thank you very much for the Positive Rating. Please come back and visit us if you have any new questions and feel free to ask for me by placing “FOR DWAYNE B” in the subject line or as the first words of your question and I will pick up as soon as I see it.

Also, I’d ask you to consider issuing a high rating (9-10) when you receive your customer satisfaction survey as that ensures I can continue to assist people in this category.

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