Could the owners of DeKalb County, Georgia’s Oak Forest Apartments be held civilly accountable for the shooting death of Darius Arnold?
Police have arrested two suspects in the shooting death of Darius Arnold, 38, behind a building at the Oak Forest Apartments on Hatton Drive. Investigators found the man’s body shot multiple times. Both suspects have been charged with homicide in a dispute over a mutual female acquaintance gone bad.
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, Landlords and property managers may be held liable if they do not take prudent measures to prevent foreseeable crimes. Visible security cameras, perimeter fencing with access-controlled gates, sufficient lighting, and, when the amount of crime justifies it, the employment of a private security officer, have all been shown to help prevent violent crime.
Online reviews describe the tenants' worries about violence and sluggish maintenance. When a landlord is unwilling to properly maintain the property or clean up refuse and rubbish, it could signal that they are just as resistant to address security concerns on their property. “My apartment has been broken into six times and nothing has been done about it,” one reviewer wrote. Other reviewers reported slow maintenance and property managers who were unresponsive to multiple complaints.
Previous incidents at Oak Forest Apartments include a shooting in 2019 that left a man in critical condition, and two shooting incidents in 2018, one that left a 10-year-old shot while sleeping in her bed and a second that resulted in the death of an 18-year-old male victim.
When landlords and property managers turn a blind eye to the crime infecting their community, they may be held liable in a civil lawsuit. While the police may arrest the perpetrator and prosecute them, little can be done to stop landlords from fostering crime in their communities and creating havens for violent criminals.
It falls to the victims' families to seek redress in civil court. They may be able to recover money for their loss with a lawsuit, but they can also create urgent pressure on landlords to put security measures in place that can help prevent a similar tragedy from happening to someone else.
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