Could Brentwood Heights be civilly liable in the death of an 8-year-old boy shot on their premises?
Kayden Jones, an 8-year-old child, was rushed to the hospital after suffering a gunshot wound at Brentwood Heights. The child was pronounced dead at the hospital. Friends and family held a vigil shortly after, chanting “long live Kayden.” Police have provided scant details, although there is speculation that the shooting was accidental. One of the neighbors heard the shot but didn’t imagine it was coming from upstairs because the sound of gunshots is common at the complex.
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 access-controlled gates, adequate lighting, or even the presence of a private security guard have been shown to help deter violent crime.
Online reviews describe concerns of the tenants of Brentwood Heights. One review states bluntly, “Shootings all the time.” Another states “shooting . . . cheap but no good.” Several cite problems with insects, such as cockroaches, and one review says that the complex is “shady and should be shut down.”
When foreseeable crime occurs that could have been deterred by reasonable security measures, the owners and managers could be held liable for the damages. It is up to the families of the victims and the survivors of violent crime to demand justice in the civil court system. It’s possible to obtain a monetary recovery that could give landlords the incentive they need to make the necessary changes to their properties. Together we can Make Atlanta Safe, one community at a time.