Could Oakland City West End Apartments be found civilly liable for negligent security after a young boy was shot there?
A young boy was found shot at the Oakland City West End Apartments in Atlanta on Sunday night. Police were called to the scene and found the boy alert, and he was immediately taken to Grady Hospital by paramedics. There’s no further word on his condition.
At this time, police are still investigating the circumstances that led up to the shooting. Investigators want to talk to anyone with additional information.
When apartment management disregards unlawful activity, maintenance, or security issues, and fails to take important steps to protect residents and visitors from criminal dangers, they could be creating a situation that invites more crime. Property owners in Georgia are legally required to implement reasonable security measures to prevent anticipated crimes, and they risk the possibility of legal repercussions if they don't.
Apartment complexes 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 Oakland City West End apartment complex has a history of gun violence leading to injury and death. A shooting incident in March 2022 left a 15-year-old in critical condition and a December 2022 incident resulted in a man shot in front of the complex.
Online reviews express concerns over the security of residents and guests. “[T]hey shot through the window,” begins one resident, “what if my children were in there.” Another review states, simply, “shooting, [it is a] horrible complex [that is] not worth the money.”
By law property owners in Georgia must protect their properties from crimes that they can reasonably expect to happen. If they ignore the violence happening at or near their apartments, they make the problem worse.
While it’s true police can arrest and charge criminals, they cannot make property owners take steps to prevent crime on their properties. They also cannot help the victims or their families with their expenses and losses.
Only the people who survive violent crimes, or the families of those killed, can sue property owners and managers in civil court. A civil lawsuit can help them pay for things like medical bills and lost wages. It can also help them start to heal from the trauma of a violent attack, even though it cannot undo all the harm.
If victims get a large amount of money from a lawsuit, some property owners and managers might decide to make their properties safer from future crimes.
Together we can Make Atlanta Safe, one community at a time.