Could the owners of Gardenside Apartments be found liable for the shooting of a man on their property?
Police responded to Gardenside Apartments late in the morning on December 14, 2021. They found a man in his 30s suffering from a gunshot wound; he was rushed to the hospital. He later succumbed to his wounds. A school near the property released warnings cautioning of retaliation for the killing, and the dangers posed to bystanders. A suspect was arrested in the case, who remains unidentified. Police have stated that, despite the suspect in custody, the investigation is ongoing. The name of the victim has not been released.
When property owners ignore obvious criminal behavior and fail to take efforts to keep control of who has access to their property, they may be creating an environment that invites additional crime. Under Georgia law, property owners may be held liable if they do not take reasonable measures to prevent foreseeable crimes. Visible cameras, perimeter fencing with functioning access-controlled gates, adequate lighting, and when justified by the level of crime, the presence of a private security guard have been shown to help deter violent crime.
Online reviews of Gardenside Apartments detail concerns over disorganization, violence, and lax security. One reviewer writes “Their company is disorganized and needs a better system for handling things.” Another critiques “security is a joke . . . which is the reason there [are] multiple shootings, violence on this property. You’re on your own, it’s literally the wild wild east over.” A resident tells a sad story of her son being the victim of a robbery on the premises while stating “I found out later the perpetrator had robbed others as well but was allowed to stay on the property.” One concerning review states, amidst other concerns, that the “security gates are always broken.”
When foreseeable crime occurs that might have been prevented by reasonable measures, the owners and managers can be held liable for the damages. Police can do only so much to prevent violent crime. It is up to the families of the victims and the survivors of violent crime to demand justice in the civil court system. By demanding compensation for the pain and loss that results from violent crime, survivors can begin to rebuild their lives while motivating property owners and managers to make the necessary security upgrades necessary to keep residents safe. In this way, we can Make Atlanta Safe, one community at a time.