Could the Pavilion Place apartment owners’ negligent actions lead to civil liability for a shooting on the property?
The troubled Pavilion Place Apartments in Atlanta had yellow Police tape instead of garland on Christmas after a shooting turned the complex into a crime scene. Police found a 30-year-old man with a gunshot wound and rushed him to the hospital. He is expect to survive.
No details about suspects have been released, but the Atlanta Police Department is asking for anyone with information that can help the investigation to call them.
Negligent security happens when a property owner or manager fails to take reasonable steps to keep their property safe. This negligence can leave residents and visitors vulnerable to harm. For example, imagine a parking lot with poor lighting, a broken door lock that never gets fixed, or too few security staff on-site. These are all signs of negligent security.
In Georgia, owners and managers of apartment complexes in high-crime areas where crime is foreseeable have a legal responsibility to provide adequate security measures to protect people on their property. This might include well-lit areas, visible security cameras, on-site guards, controlled access gates, or even a staffed guard station at entrances like parking garages. When these measures aren’t in place, lives can be put at risk, and the law holds property owners accountable.
In Oct 2018, a teenage girl was shot and killed through the floor in her apartment at Pavilion Place. In September 2021, a man was found with multiple gunshot wounds at the apartment complex. In July 2023, a man was shot at the complex and flagged down an ambulance for a ride to the hospital. In October 2023, a teenage boy was injured in a drive-by shooting at Pavilion Place. Earlier this year in February, we reported on a 32-year old man was shot and killed after a dispute at the complex.
Online reviews paint a picture of poor maintenance and a dangerous atmosphere. One resident warned, about “a very dangerous area with nothing but trouble” exclaiming “do not move here.”
One review warns “It was a sketchy location” and another adds the complex is “awful sad and downright disgusting.”
The AJC reported how Behzad Beroukhai, an investor from Beverly Hills, owned the Pavilion Place and five other problem properties, but “repeatedly failed to appear in court in Atlanta to answer criminal charges over unsafe, unsanitary conditions at his complexes.”
In Georgia, apartment owners are required to take basic steps to keep their properties safe from crime. While the police can investigate crimes and bring criminals to justice, they can’t force property owners to improve safety or fairly compensate victims.
If someone becomes a victim of a crime on a property, or if their family is affected, they often have to take legal action against the property owner to seek compensation. This money can help cover medical bills, lost wages, and other financial burdens caused by the incident. However, no amount of money can truly erase the emotional pain and trauma that these events leave behind.
It's important to note that having to provide substantial financial compensation to victims could encourage property owners and managers to improve their security measures, which could help prevent future crimes. This proactive approach not only protects the community but also emphasizes the importance of accountability in maintaining a safe environment for all residents.
Together we can Make Atlanta Safe, one community at a time.