A shooting at The Groves Lithonia Apartments left one man critically wounded. Could the property owners face liability for negligent security?
DeKalb County Police responded to a report of a shooting at The Groves Lithonia Apartments. Upon arrival, officers found a man in his 40s who had been shot in an apartment. The victim was transported to a nearby hospital via ambulance with life-threatening injuries. As of late Tuesday, his condition was not known.
Investigators say this remains an active investigation.
Negligent security is a legal term used to describe the failure of property owners or managers to implement adequate measures to ensure the safety of individuals on their property. Instances of negligent security may include insufficient lighting in a parking lot, a malfunctioning lock on a door, or inadequate security personnel.
In the state of Georgia, property owners must abide by legal requirements that mandate reasonable security measures if there is a likelihood of criminal activity at an apartment complex. Landlords are therefore obligated to implement effective security measures to combat crime in the community. Such measures may comprise 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.
The apartment complex, under various names and addresses, has been the host to a number of fatal shootings including 1 dead in January 2017, a homicide in March 2018, a woman was shot and killed in October 2019, and gun violence that left one dead in April 2021.
In online reviews, one resident wrote, “The worse place in life to live…. The roaches outnumber the tenants and the garbage compactor is always broke.” Another agrees “The roaches are a serious problem here” and adds, “The mold here is also a serious problem. She notes that that fighting has “the police over here between once or twice a week.”
Georgia law mandates that landlords take reasonable measures to prevent foreseeable crimes from occurring on their property. However, some landlords fail to uphold this responsibility, which can result in a vicious cycle of violence.
While law enforcement officials can track down criminals and bring them to justice, they often lack the authority to compel property owners to implement adequate security measures or provide compensation to the families of victims.
Only crime victims and their families can sue property owners in civil court. Although a civil judgment cannot fully compensate for the harm and anguish 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.