Would a civil court hold the Hidden Valley Apartments liable under Georgia law for the murder of a man on their property?
Police responded to Hidden Valley Apartments on April 27, 2022 when an unknown number of gunshots were heard in the area. When police arrived shortly after midnight, they found a man, appearing to be in his 20s, dead at the scene. Police were able to identify the victim, who perished from gunshot wounds, but have not released his identity. No potential suspects, or possible motives for the killing have been released.
Under Georgia’s laws a property owner or landlord can be accountable in a court of law for criminal actions that occurred on their property if they failed to exercise reasonable care to prevent foreseeable harm. They may be expected to have visible security cameras installed, ensure the complex has adequate lighting, have an automatic gate affixed to the fencing, and hire onsite security in order to prevent criminal activity.
In July, 2019, a 7 year old boy was shot in the arm when crossfire erupted between 2 groups in the parking lot. In October, 2018, a 36-year-old man was shot and killed at the complex, just three months after a 60-year-old woman was shot in her sleep. In May, 2018, a man wanted for killing a 6-year-old was cornered outside Spring Valley apartments, now known as the Hidden Valley Apartments, and he rammed the vehicles of police officers attempting to arrest him.
Online reviews express the residents’ concerns over their security. “It's in the hood,” writes one review, “you’re gonna hear gunshots and might get robbed.” Another reviewer writes, concerningly, “the gate is always broken.”
The murderer who came to Hidden Valley may be apprehended by police and brought to face justice in a criminal court of law. There is little the authorities can do, however, to stem the tide when a complex or community becomes a haven for criminal activities. In those places, where crime is a feature of the property, Georgia’s negligent security laws help protect residents by holding their landlords accountable. The families of the victims of violent crime can bring a suit in a civil court against the property owner. They may win a monetary judgment; money that can be used to resolve the outstanding debts of their loved one, provide money to supplement the lost income, or relocate to a more secure area. While a judgment would not bring a loved one back to life, paying such a settlement or verdict might incentivize the owner to make the changes they need and keep their property secure and free from criminals. In this way, together, we can Make Atlanta Safe, one community at a time.