Man shot and seriously wounded at Wesley Club apartments in Decatur

Could Wesley Club apartment owners face civil liability for the recent shooting on their property due to alleged negligent security?

On Friday night DeKalb County Police Department responded to reports of a shooting at the Wesley Club Apartments in Decatur. They found a 20-year-old man with multiple gunshot wounds.

The as-yet-unnamed victim was transported to the hospital where he is expected to survive. Investigators on the scene are asking for anyone with a lead or who was a witness to the shooting to come forward.

Is this Negligent Security under Georgia law?

Under Georgia law, property owners must take reasonable security precautions when there is a foreseeable risk of criminal activity on their premises. These precautions may include installing visible video cameras, employing on-site security personnel, setting up access-controlled gates, adding perimeter fencing, and, in some cases, maintaining a guard station at the entrance.

By meeting these standards, landlords and property managers can reduce violent crime within their apartment complexes and other properties. Failure to implement such measures when criminal activity is foreseeable may expose them to liability under Georgia’s negligent security laws. Property owners and managers must understand these legal responsibilities and proactively establish effective security measures to ensure a safer environment for their residents and patrons.

A History of Negligence at the Wesley Club Apartments

According to the AJC dangerous dwellings report, from 2017 through July 2023, police reported 51 crimes at the Wesley Club Apartments. They include homicides in 2017; in April 2018 where two people died; October 2019; and in January 2020, where a fatal shooting was reported. In November 2021, a man was at the complex when he was shot, according to a September 2022 lawsuit. In June 2023, a boy was found shot at the apartments.

Online Reviews show management is aware of the lack of property security at the complex. “This is the worst complex ever. They need police on property 24/7! They are constantly shooting over here,” states one resident. “The corporate office [doesn’t] care.”

“My biggest problem living there was being terrified, the crime is horrible. Even with my bad knees, I was constantly hitting the floor from the bullets flying,” a resident writes. Adding “someone was killed right outside my patio door.”

Only Crime Victims or Their Relatives Can Demand Justice

In Georgia, property owners are legally required to implement security measures to help deter potential criminal activity on their premises. When landlords and property managers neglect security in high-risk areas, they may inadvertently perpetuate a cycle of violence within their communities.

Although law enforcement is essential for apprehending criminals and pursuing justice, its role does not extend to holding property owners accountable for security failures. Instead, only survivors of violent crimes or the families of victims have the legal standing to file civil lawsuits against property owners and managers.

While no civil judgment can undo the devastation of violent crime, successful claims can help cover essential expenses like medical bills and lost wages, offering a vital step toward financial recovery. Importantly, when victims secure substantial compensation, it often pressures property owners and managers to prioritize security improvements, making future incidents less likely.

Together we can Make Atlanta Safe, one community at a time.