Is the owner of the Hollywood Shawnee Apartments legally liable after two children were shot inside their apartment?
Atlanta police officers were called to the Shawnee Apartments after reports that two children were shot while sitting on the couch inside their home. The police believe the shots were originally intended for someone in a different unit.
The victims, a 9-year-old and a 5-year-old, sustained injuries to their left arms. Online reports claim the shooting occurred hours after a community vigil was held at the complex for a 28-year-old woman who had been shot and killed days prior.
Property owners and managers are legally required to take reasonable steps to ensure the safety of everyone on their premises, including tenants, visitors, and guests. This obligation becomes especially important in areas where crime rates have been shown to be high. Negligent security happens when a property manager or owner doesn't take reasonable steps to keep the property safe.
In Georgia, if property owners fail to provide adequate security, they could be held accountable under Georgia law. The owners of these properties may need to take action like improving lighting conditions, repairing broken or faulty gates, and providing on-site security staff. Otherwise, in situations where crimes like assault, homicide, or theft, property owners may be found civilly liable if the crime was foreseeable or reasonably preventable with the proper precautions.
This is not the first time that we’ve reported on the negligent security of the Shawnee Apartment Complex. In May of 2013, a 7-year-old girl was shot through the wall of her bedroom while she was sleeping, much like the two children here–who were shot while sitting inside on their couch. In September 2024, two teens were shot at the complex.
It’s abundantly clear that the Shawnee Apartment locations have a demonstrated history of crime. Residents who have been interviewed by local news stations indicate that they’re tired of gun violence. “I mean it always happens over here. It’s just another day over here. We’re used to that,” an anonymous neighbor told news reporters.
With more than 90 reported crimes between the years of 2017 through 2023, Atlanta announced back in July of 2022 that the Shawnee Apartment Complex was on a list of properties to be targeted for chronic crime and condition problems. How many more residents have to be killed or hurt before the property owners finally take action to stem these injustices?
In Georgia, apartment owners are legally required to maintain a safe environment, but when they fail to meet this responsibility, they can be held accountable in court. While law enforcement can arrest criminals, they can’t force property owners to take affirmative action or compensate these victims.
If a person becomes the victim of a crime, or their family is negatively impacted, they must be the ones to file a lawsuit against the negligent property owners. The money they may be awarded can help cover unexpected costs like medical bills or lost wages. While this financial compensation may ease some of the immediate burdens, however, it cannot undo the emotional harm caused by these traumatic events.
Substantial financial penalties for property owners can drive them to take security concerns more seriously. When they are forced to pay victims for their negligence, property owners are often motivated to invest in stronger security measures, which helps prevent future crime from occuring. This proactive approach not only protects the community, but it reinforces the need for accountability in creating safer environments for everyone.
Together we can Make Atlanta Safe, one community at a time.