A shooting at the Elite at City Park apartments sent one person to the hospital. Could the property owner be found liable for negligent security?
Police are investigating a shooting at the Elite at City Park, formerly known as Sunny Cascade Apartments, off of Fairburn Road in southwest Atlanta.
The incident occurred on Wednesday afternoon and sent one person to the hospital in critical condition. Atlanta Police Department officers were called to the scene around 2:40 p.m. after receiving a report of the shooting.
An investigation is still underway in this incident.
Negligent security occurs when a property owner or manager does not take reasonable measures to ensure the safety of their property, resulting in harm to someone who was on the property. This can include inadequate lighting in a parking lot, not repairing a broken lock on a door, or not hiring sufficient security staff.
In Georgia, property owners are required by law to take reasonable security measures if criminal activity is likely to occur at an apartment complex. To reduce crime in the community, landlords may be required to implement effective security measures such as visible video cameras, on-site security, a perimeter fence with access-controlled gates, and even a guard station at the entrance gate and parking garage.
In November 2020, a 15-year-old was killed at the Elite at City Park apartments. The victim was followed as they left the complex and was then killed by a group of five to six men, all of whom were armed with handguns.
Apartment residents have left online reviews with a list of security and maintenance related issues. “Haven’t had [air conditioning] in months,” said a reviewer who also warned that the “hallways stay smelling like piss.”
One resident said it’s a “dangerous place to live… car break-ins, drug sales,” and, of course, “roaches on roaches, on roaches.”
It's important to be aware of the laws that protect residents and guests at Georgia apartments. Under Georgia law, landlords are required to take reasonable steps to prevent foreseeable crimes on their property. This means that if they know or should know that criminal activity is likely to occur, they must take appropriate measures to deter it.
Unfortunately, some landlords don't take this responsibility seriously. By not addressing criminal behavior in their neighborhoods, they can end up contributing to a cycle of violence. While the police do their best to catch and prosecute criminals, they can't force landlords to improve security or compensate the victims of crimes.
If you or a loved one has been the victim of a violent crime on someone else's property, you may be eligible to sue the property owner or manager in civil court. A successful lawsuit can provide compensation for costs such as medical bills and lost income, and can help you begin to heal from the trauma of the crime.
Importantly, when landlords suffer major financial losses in court, they are often motivated to take steps to prevent future violent crimes on their property.
Together we can Make Atlanta Safe, one community at a time.