Could the owners of Atlanta, Georgia's Columbia Commons apartments be held civilly liable for the death of the complex's maintenance worker who was killed while caught in the crossfire of a shooting there?
Atlanta police are probing a homicide at Columbia Commons apartments which they believe involved multiple suspects firing guns between two buildings. Police responded to the apartments on the 2500 block of Martin Luther Jr. to investigate a report of gun fire. Police left after not finding anything, only to return an hour later when a man's body was discovered with a gunshot wound.
The Fulton County Medical Examiner’s Office identified the victim as 48-year-old Cheron Wade. An apartment representative confirmed Wade was a member of the apartment’s maintenance staff.
Landlords and property managers are obligated by Georgia state law to implement reasonable security measures if crime is a foreseeable problem on the property. Apartment owners may be forced to implement reasonable security measures, such as visible surveillance cameras, on-site security, perimeter fencing with access-controlled gates, and even a guard station at the entrance gate, to reduce crime on their property.
Online reviews detail the concerns of residents over crime and slow maintenance. When a landlord is unable to provide timely service for maintenance concerns or keep the property clear of trash, it could signal that they are just as unwilling to address security concerns on their property. “The gate [was] broke for three weeks,” one reviewer wrote. Another reviewer reported people being robbed on property.
While law enforcement may be able to apprehend lawbreakers and bring them to justice, there is little the police can do when apartment complexes provide safe harbor to criminals.
It is the role of the victims' families to seek redress in civil court. They may be able to recoup money for their loss by bringing a lawsuit, but more importantly, they will put pressure on landlords to put security measures in place that can help save a similar tragedy from happening to someone else.
In some situations, monetary damages can force a negligent landlord to realize the harm being done to the community and can give property owners the much-needed motivation they need to stop their properties from falling into the hands of violent criminals. Together we can Make Atlanta Safe, one community at a time.