Could a civil lawsuit force the Brannon Hill Condominiums to take partial responsibility for the shooting death of a pregnant 20-year-old woman on their property?
In the early morning hours of February 1, Clarkston police were called to the Brannon Hill Condominiums for reports of shots fired. When they arrived on scene, they discovered a 20-year-old woman had been shot.
The victim, later identified as Shaniyah Rodriquez (a.k.a. Niyah Monēt), was pregnant and was transported to the hospital in critical condition. There doctors decided the necessary treatment included a forced birth of the baby. Tragically, Rodriquez died while at the hospital and the baby remains in critical condition according to the latest news.
Investigators have not released what led up to the shooting and are asking for those with more information to come forward.
When condominium management disregards unlawful activity, maintenance, or security issues, and fail to take important steps to protect residents and visitors from criminal dangers, they could be creating a situation that invites more crime. In Georgia, property owners are obligated to take adequate security precautions to deter anticipated crimes, and they risk legal repercussions if they don't.
Condominium associations can install visible security cameras, perimeter fencing with functioning access-controlled gates, adequate lighting, and when justified by the level of crime, hire a private security guard. These steps have been shown to reduce violent crime.
The Brannon Hill complex has a notorious history in DeKalb county. It was labeled as one of the Atlanta metro area’s most persistently dangerous complexes. In 2015 it was labeled as the worst neighborhood in America and in 2016, the county started efforts to tear the blighted parts of the complex down.
Violence has been a large presence on the property. Among the many incidences, homicides were reported at the complex in April 2017 and November 2021. In May of 2022, a mass shooting left three dead and three more wounded.
Online reviews detail the concerns of residents about the violent crime, drug use, and poor maintenance. “It needs to be condemned,” says one review. “Slum” is the one word denunciation by another resident.
Georgia law mandates that property owners take reasonable precautions to deter foreseeable crimes. Complex associations might contribute to a cycle of violence by ignoring violent crimes that are occurring in their neighborhood.
While the police can detain perpetrators and prosecute them, there isn't much they can do to force property owners to take the necessary action to stop crime on the premises – nor can they compensate the families of the victims.
Only the survivors of violent crime, or the victim's family, can file a civil lawsuit against property owners and managers. A civil judgment can help with costs like medical bills and lost wages as well as serve as a beginning step toward healing, even though it may never be able to fully compensate for the suffering brought on by a violent criminal attack.
When victims receive a significant financial compensation, some property owners and managers may decide to put safeguards in place to protect against other violent crimes on their premises.
Together we can Make Atlanta Safe, one community at a time.