Potential Liability for Fairfax Apartment Complex

Assistant Property Manager Charged in Slaying at Apartment
By Mark Schofield

Gini Orange, a 29 year old Fairfax County woman who worked for the Futures Industry Association, was found murdered in her apartment on September 25, 2008. This is a horrible crime and an unspeakable act, and our thoughts and prayers are with her family at this dark hour.

Fairfax County police recently arrested Mark Lawlor, a 43 year old man who worked as an assistant property manager for the Prestwick Apartments, in connection with Ms. Orange's slaying.

According to published reports in The Washington Post, Lawlor was arrested in November of 1998 for breaking into a Great Falls, Virginia, home and abducting a former girlfriend. Court records raise the question of how and why this man was even employed in the first place by the apartment complex. According to the Washington Post, He pled guilty to the charges and was sentenced to six years in prison. He was released in 2004, yet sent back to jail twice for violating his probation, including arrests for drunken driving and cocaine use. Yet this apartment complex apparently saw it reasonable to employ this man as an assistant property manager, presumably with access to tenant's homes.

Police indicated that there was no sign of forced entry to Ms. Orange's home.

The apartment complex could face civil liability in connection with this horrible act. Liability for negligent hiring is predicated on the negligence of an employer in placing a person with known propensities, or propensities which should have been discovered by reasonable investigation, in an employment position in which, because of the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury or others. If media reports are accurate, then a quick search of court records by the apartment complex would have turned up the abduction arrest and jail time, as well as the subsequent jail stints for probation violations. The individual hired in this instance had a record of crimes under his belt which would give a prospective employer pause, especially the arrest and guilty plea to the abduction of an ex-girlfriend. The apartment complex should have taken steps to protect its tenants, and if it failed to do so, they may face civil liability and lawsuits for that failure. The statute of limitations for negligence actions in Virginia is two years. The Virginia Supreme Court discussed the tort of negligent hiring and has stated:

As we recently have stated, the cause of action for negligent hiring “is based on the principle that one who conducts an activity through employees is subject to liability for harm resulting from the employer's conduct if the employer is negligent in the hiring of an improper person in work involving an unreasonable risk of harm to others.” Southeast Apartments Mgmt. v. Jackman, 257 Va. 256, 260, 513 S.E.2d 395, 397 (1999).


"Liability for negligent hiring is based upon an employer's failure to exercise reasonable care in placing an individual with known propensities, or propensities that should have been discovered by reasonable investigation, in an employment position in which, due to the circumstances of the employment, it should have been foreseeable that the hired individual posed a threat of injury to others. Id. Mere proof of the failure to investigate a potential employee's background is not sufficient to establish an employer's liability for negligent hiring. Majorana v. Crown Cent. Petroleum, 260 Va. 521, 531, 539 S.E.2d 426, 431 (2000)."

Interim Personnel of Central Virginia, Inc. v. Messer 263 Va. 435, 440, 559 S.E.2d 704, 707 (Va.,2002.


This was a terrible accident, and legal representation is certainly not on the minds of the grieving family. However, it is crucial that the families of accident and crime victims retain experienced legal counsel to be sure that appropriate steps are taken so that the loved ones of those killed and injured receive fair compensation from anyone proven to be at fault in this accident. Our attorneys are certainly available to consult with families of accidents such as this one. We can be reached at 301-589-2999.