Could the fatal shooting of Vionta Yancey Jr. at The Atlantic Brookwood expose the property's owners to liability for negligent security?
Atlanta police were called to the Atlantic Brookwood Apartments after reports of a man shot multiple times. They found 21-year-old Vionta Yancey Jr. dead and multiple witnesses to the shooting.
LaTina Mitchell, the victim’s mother, said she believes Yancey Jr. was lured to the apartment. He was then beaten and shot.
Mitchell says her son did not know his killers. “I want justice for him.”
Police have arrested one suspect, but they are looking for a second. Investigators request anyone with more information about the violent attach to please come forward.
The term negligent security refers to a situation in which a property owner or manager fails to take reasonable measures to keep their property safe. When this happens, it can result in harm to a person who was on the property. Some examples of negligent security might include failing to properly light a parking lot, failing to repair a broken lock on a door, or failing to hire adequate security staff.
In the state of Georgia, property owners are required by law to take reasonable security measures if criminal activity is likely to occur at an apartment complex. In order to reduce crime in the community, landlords may be obligated to put in place effective security measures. These could include visible video cameras, on-site security personnel, a perimeter fence with access-controlled gates, and even a guard station at the entrance gate and parking garage.
Apartment residents have left online reviews with a list of security and maintenance-related issues. “The leasing office doesn’t care about its tenants,” says one resident. “The gate is always broken, there have been multiple thefts.”
“The gates are always broken,” agrees another resident. “Whoever is running this place is probably going to face eventual legal trouble.”
In Georgia, landlords must take reasonable steps to prevent foreseeable crimes. However, some landlords fail to act, which can contribute to a cycle of violence.
Police can find criminals and bring them to prison. Still, 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 crime victims and their families can sue property owners in civil court. Although a civil judgment cannot fully compensate for the harm caused, it can help cover medical bills and lost income, and provide a starting point for healing.
It is important to understand that when property owners suffer major financial losses in court, they often feel compelled to take precautions to prevent future violent crimes on their property.
Together we can Make Atlanta Safe, one community at a time.