Could the shooting of two children at Parkside at Mechanicsville leave the apartment owners to exposed to a civil lawsuit?
Atlanta Police responded to reports of shots fired at Parkside at Mechanicsville apartments where they found two children with gun shot wounds. The children had been playing near the apartment complex's playground when shots range out.
A 12-year-old girl had been shot in the shoulder and a 13-year-old boy had a gunshot wound in the hand. Both children were taken to the hospital for treatement and were reported to be alert and conscious.
Investigators on the scene said the young victims heard gunfire and started running away when they were hit.
The incident may have started as a dispute between two groups on the playground. Police are asking for anyone with information about the shooting to come forward.
When a manager or owner of a property neglects to take reasonable precautions to protect it, this is referred to as negligent security. When this happens, it can result in harm to a person who was on the property. Some examples of negligent security might include:
In the state of Georgia, if criminal activity is likely to occur in an apartment complex, property owners are obligated by law to take appropriate security measures. Landlords might have to implement strong security measures to lessen violence in the complex. These might consist of clearly visible security cameras, on-site security guards, a perimeter fence with access-controlled gates, or even a guard station at the parking garage and entrance gate.
Online reviews from residents note problems with the apartments. One resident remarked how safety changes needed to be made, “My friend’s car was broken into,” they said “The elevator and the entrance gates break every couple of months.”
Other reviews focused on cleanliness issues at the property and slow maintenance for apartment related problems. “The hallways stay dirty all the time… and the elevator stays broke,” reads one review.
Landlords in Georgia have a legal responsibility to work to prevent foreseeable crimes. Unfortunately, some landlords neglect this duty, leading to a dangerous cycle of violence.
Additionally, while the police have the power to catch criminals and put them behind bars, they can't force property owners to take measures against crime or make amends with victims and their families.
If a crime occurs on at an apartment complex, only the victim and their loved ones can file a lawsuit against the landlord in civil court. Although a civil judgment may not fully compensate for the harm suffered, it can help cover expenses like medical bills and lost wages, and provide some measure of closure.
When landlords are hit with major financial losses as a result of a lawsuit, they may be motivated to take steps to prevent future crimes on their property. It's important to recognize this potential silver lining.
Together we can Make Atlanta Safe, one community at a time.