Could a fatal shooting at the Fairway Gardens apartments leave the property owners liable in civil court?
Atlanta Police officers were called to the Fairway Gardens apartment complex on Thanksgiving evening after reports of shots fired. Upon arrival, they found a man suffering from multiple gunshot wounds.
The victim was taken to the hospital for treatment where he later died.
Police investigators say the man was involved in a dispute with people he knew at the apartments. At some point, gunfire erupted and the victim was hit with multiple shots.
Negligent security is when a management company or owner of a property fails to take reasonable precautions to keep it secure, which causes harm to someone who was on the property. This can be neglecting to fix a parking lot gate that is broken, adequately lighting a parking lot, or hiring enough security personnel.
Georgia law requires property owners to adopt reasonable security precautions if there is a likelihood that criminal conduct may occur at an apartment complex. Landlords could be required to implement adequate security measures like conspicuous video cameras, on-site security, a perimeter fence with access-controlled gates, and even a guard station at the entrance gate or parking garage in order to reduce crime in the neighborhood.
The Fairway Gardens apartments, formerly known as Golf Vista, has a long list of recent violent incidents including at least three previous fatal gun violence incidents.
In December 2016, a man was shot and killed at the complex after a verbal altercation. Then in January 2018, a man was found shot multiple times in the apartment community.
In April of 2022, a shooting incident left one man dead and four women injured after a man interrupted a birthday party with gun violence.
Online reviews for Fairway Gardens are indicative of slow maintenance and bug infestations. “This place is a health hazard,” writes one resident. “It’s infested with roaches,” they said. “So many maintenance issues.”
Georgia law mandates that property owners take reasonable precautions to deter crimes that are foreseeable. Landlords frequently end up promoting a cycle of violence if they do not work to confront criminal behavior occurring in the neighborhood. Police can find criminals and bring them to prison, but they can't do much to convince property owners to take security precautions against crime on their property or make amends with the families of the victims.
Only those who have survived a violent crime or family members of the victim are eligible to sue property owners and managers in civil court. A civil judgment can assist with costs like medical bills and lost earnings as well as serve as a beginning point for healing, even if it will never entirely make up for the suffering brought on by violent crime.
It is crucial to understand that when property owners face significant monetary damages in court, they frequently feel pressured to take action to deter such violent crimes on their property.
Together we can Make Atlanta Safe, one community at a time.