Atlanta Area Murder Victim Found
In news that might have aspects of premises liability, a Decatur man’s body was found in the stairwell of an apartment building. The Georgia Bureau of Investigation is handling the case.
Shooting Victim May Have Been Tenant
Many of the facts surrounding the case are still not entirely clear. We know that the apartment where police found the body is across the street from Decatur High School. But it’s not clear from news reports whether the victim lived in the apartment complex, and if not, what he was doing there. The shooting victim was 52-year-old Gerard Foster, WSB-TV 2 Atlanta reports. Foster was recently ordained as a deacon at a church in Decatur. Police have recently released the names of two suspects they believe are connected to this murder.
Georgia Premises Liability Law
Businesses are responsible for making sure that their properties are safe for visitors, customers and residents. If they don’t, they can be liable for negligence. In Georgia, the landlord is not required to keep tenants safe from all kinds of harm. However, landlords do have a duty to take reasonable steps to prevent foreseeable criminal attacks against tenants. To show that the crime was foreseeable, it helps for there to be similar crimes in the past, but it’s not necessary that the crimes be identical. Previous property crime might warn a landlord that a violent crime against a person might be possible. For example, in one case a Georgia court found that previous burglaries should have warned a landlord that their security was insufficient, and made them liable for a later sexual assault.
Landlord Liability for Negligent Security
In a case like Gerard Foster’s death, might the apartment owner be held liable for negligence? First, Georgia law provides the most protection for tenants and their guests, so it would be important to determine whether Foster lived in the apartment building, or was a guest of a tenant. If he did, they might be liable.
It’s also important to know whether similar crimes happened on the property in the past. If other crimes have occurred which might have given the owners or management company warning that their security was insufficient a civil lawsuit may be viable. A court would also need to find that the failure of the owner or management company to act reasonable to keep the premises safe was a proximate cause of the later crime. For example, if the attacker had broken into the building through a broken window, we would need to know if anyone had broken into the building before, and if security measures (like burglar bars) would have stopped the later crime.
Are you the victim of negligent security?
If you think that the owner of a property failed to keep you safe, you need advice on how to get compensated. Get in touch with a negligent security lawyer at Williams Elleby Howard & Easter in Cobb County and find out about your options.
