Could the Rosemont Bentley apartment owners’ negligent actions lead to civil liability for a fatal shooting on the property?
A 21-year-old man shot and killed 21-year-old De’shaune Hall at the Rosemont Bentley apartments in Marietta, Georgia. When police arrived the victim was found on the ground with several gunshot wounds. Despite efforts to render aid, he was declared dead at the scene.
The shooting was caught on a neighbor’s ring camera and with the help of witnesses, the suspect was identified and arrested after a short chase.
In Georgia, property and apartment owners have a legal duty to take steps to prevent crime on their property. This includes installing security cameras, putting up fences, and ensuring proper lighting, as well as addressing any illegal activities or maintenance problems that could create a dangerous environment. If they fail to implement these safety measures, property owners could be held liable for any criminal acts that happen on their property.
To improve security, property owners can use several strategies. Security cameras can discourage potential criminals by letting them know they're being watched, and can help police identify suspects if a crime occurs. Putting up fences is another effective way to make it harder for unauthorized people to enter the property. Good lighting is also important because it lowers the chances of crimes happening in the dark. In high-crime areas, hiring security guards to patrol the property can add another level of protection. By taking these steps, property owners can greatly increase the safety of their property.
Online reviews of the Rosemont Bentley apartments, formerly known as the Ariuim at Bentley and The Columns of Bentley Manor, highlight unsafe living situations for residents. “Disgusting, dirty, old, nasty apartments” reads one recent review while another states “I didn't feel safe” living there.
Another reviewer highlights how unsafe conditions can lead to crime. “The lighting at night is garbage and they have started to have break-ins yet they email the residents about everything but not the crime that occurs because they will not repair the gate.”
In 2020 a man shot a close friend outside the Rosemont Bentley apartments, then known as the Arium at Bentley apartments.
In Georgia, property owners must take steps to protect their properties from criminal activities. This might involve installing security cameras and lighting. They also need to let people know about any criminal incidents that have happened nearby. Failure to undertake these precautions could result in property owners being held liable for expenses such as medical bills and other damages if someone is injured on their property.
The police can arrest and punish criminals, but they can't force property owners or management companies to make apartments safer or compensate victims for their losses. Only the victims or their families have the right to sue in court. The money won from a lawsuit can help cover medical bills and lost wages, but it can't undo the pain and suffering the victim experienced.
It’s important to note that significant monetary compensation to victims can encourage property owners and managers to put safety measures in place to prevent future crimes on their property.
Together we can Make Atlanta Safe, one community at a time.