Desmond Key shot and killed at the Dagny Midtown

Could the owners of the Dagny Midtown be civilly responsible in the shooting of 35-year-old Desmond Key?

Police are investigating after 35-year-old Desmond Key was shot and killed outside the lobby of the Dagny Midtown.  Investigators have told reporters that they believe the shooting was targeted and not a random act of violence.  The investigation is ongoing and police have not revealed the names of any suspects in the shooting. 

Georgia Negligent Security Law

When property owners ignore repeated 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, and when justified by the level of crime, the presence of a private security guard, have been shown to help deter violent crime.

A History of Crime at Dagny Midtown

Online reviews of Dagny Midtown express the concerns of residents over crime occurring near their property.  “If you . . . don’t mind a gated, yet unsecure parking deck (I had 2 vehicles get broken into) then this may be the place for you,” writes one review.  “Several break-ins within the resident parking garage which is limited to residents ONLY,” says another.  “Security guard that they hired is usually in the lobby just hanging out,” writes a resident, “ . . . we were told by an APD officer it's an ongoing investigation with multiple stolen vehicles.”

Only Crime Victims Can Demand Justice

When apartment managers turn a blind eye to the crime infecting their community, they may be held liable in a civil lawsuit.  While the police may apprehend the perpetrator and bring them to justice, they can do little to deter landlords from allowing crime into their communities and creating havens for violent criminals.  The families of victims, and the survivors, of violent crime can bring suit in a civil court.  A monetary judgment cannot restore life to a lost loved one, but it can be used to supplement lost income, pay funeral expenses, and relieve debts left behind.  Perhaps more importantly, a monetary judgment may incentivize landlords to finally make the changes they need to protect their residents.  In this way, together, we can Make Atlanta Safe, one community at a time.