Atlanta, Savannah, & All of Georgia

A recent shooting at a Lawrenceville, Georgia, apartment complex has left two men dead and both police and apartment complex officials searching for a suspect.

As our experienced personal injury attorneys in Atlanta understand, rape, sexual assault, shooting and other forms of violent crime may result not only in criminal charges but in a civil complaint against the owner of the property. Apartment complex owners have a responsibility to take all necessary precautions to keep tenants and guests safe. Prior property crimes may give a landlord notice of possible future crimes against a person. Apartment complex owners who knew that similar crimes took place may be liable for the victim's injuries.

Two men found shot to death in Gwinnett County apartment

According to WSB-TV, the fatal shooting occurred on Feb. 9 at a Lawrenceville apartment complex. The two victims, ages 24 and 22, were found in the hallway of a third-story apartment and inside the apartment. A third person escaped harm by hiding in a back room and jumping off the third-story balcony and into the bushes.

As of the time of the report, Police had yet to name suspects or a motive in the double homicide. The apartment complex said it was looking at surveillance video to determine whether the suspect entered the gated community with permission, sneaked inside or forcibly entered the apartment in which the shootings occurred.

In the wake of the shooting, neighbors told WSB-TV that the apartment complex and surrounding neighborhood has been "getting worse" over the past couple years, with one neighbor saying that the neighborhood had become much less safe due to shootings, assaults and other forms of violent crime.

Premises liability and apartment complex safety

While the cause of the homicide is under investigation and no suspect has been named, a separate fatal shooting that occurred on the grounds of a Gwinnett County apartment complex in April 2014 raised concerns over property owner liability in preventing violent crime that includes shootings, armed robbery and trespassing.

In July 2014, 11 Alive reported that a bystander was fatally shot outside his apartment after two men suddenly got into an argument with a group of people, resulting in gunshots. 11 Alive reports that the bystander's survivors filed a lawsuit against the apartment complex management and owners for allegedly covering up crime at the complex.

According to the report, Gwinnett County police reports indicated that the apartment complex had a history of assaults, shootings, robberies, rape and sexual assault. However, it was alleged that apartment complex owners failed to warn residents and prospective residents about the dangers or take the necessary steps to make their premises safer for residents.

What responsibilities do property owners have in preventing crime?

Property owners and managers are responsible for providing safe premises for patrons and guests. Negligent security can involve improperly functioning locks that allow a perpetrator into an apartment or hotel room, a failure on apartment owners to address known issues in a high-crime area, broken security cameras or a lack of security guards on a dangerous premises.

When it is found that a property owner fails to safeguard tenants, patrons or guests against known hazards on that property, an injury victim - or his or her loved ones - may have a right to file a claim against that property owner if negligent security has contributed or causes a violent crime such as a rape, sexual assault or shooting.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS or visit www.garymartinhays.com to schedule a free consultation if you have been injured in Atlanta, Duluth, Savannah or surrounding areas of Georgia.

A 19-year-old woman living in an East Point apartment experienced a horrific ordeal. She reported being raped at gunpoint by two men who invaded her Garden Court apartment while she was cooking dinner, according to 11Alive.com. The news station reported that the two men entered her apartment after the woman opened a patio door to air out her apartment because something she was cooking started smoking. Police said the two men took turns brutally attacking her over the course of a half hour, then ransacked her home before leaving with her cell phone and $900. Police stated they were looking for the two suspects after the November 2014 incident.

Photo Credit: 11Alive.com

Our personal injury lawyers know that, unfortunately, rapes and sexual assaults in apartments in East Point, Atlanta, Duluth, Savannah and across Georgia happen far too frequently. These disturbing cases  can result in criminal charges against the perpetrators as well as a civil case against the owners or managers of the property.

Why should the property owners be held responsible? In so many cases, these violent assaults could have been avoided if the property owner took appropriate preventative action. In the legal realm, a rape, sexual assault, shooting, murder or other violent attack against an individual on a property may be considered a "negligent security case." While landlords cannot guarantee that their tenants will be safe from a sexual assault, they must make sure their properties are as safe as possible. Georgia law states property owners do have certain responsibilities. Once the property owner becomes aware of a crime problem, he must take reasonable security precautions to prevent attacks.

What Is a Negligent Security Case?

For example, if the manager of a property is aware of assaults happening on the property and fails to beef up security, he may be held liable in a negligent security lawsuit.

Based on the news story about the East Point apartment rape, it's not clear if the property owner was on notice of a crime problem at Garden Court prior to the rape. However, 11Alive.com reports that many residents said they heard nothing from the apartment complex about the rape three days after the incident.

If true, this may be negligent oversight by the apartment complex. In cases of rapes at apartment complexes, the landlord should inform other tenants as soon as possible so the residents can take precautions. Furthermore, the apartment complex should make sure apartment locks are in working order and that the parking lot is adequately lighted. They may need to hire trained security personnel and install security cameras.

In the case of the East Point rape, police don't believe the suspects lived at the apartment complex and say the attack was random. An 11 Alive News reporter said security has been increased and extra hours have been added to security shifts.

Police have released detailed composite sketches of the suspects and are asking for the public to call Crime Stoppers Atlanta at 404-577-TIPS if they recognize the suspects.

Negligent security cases can become complex, which is why it's important to seek the advice of legal counsel. If you or a loved one is sexually assaulted at an apartment complex, don't wait to contact an experienced attorney to learn about your rights. You may be entitled to compensation from the property owner for losses related to your injuries as well as pain and suffering.

Call the Law Offices of Gary Martin Hays & Associates, P.C. at 1-800-898-HAYS or visit www.garymartinhays.com to schedule a free consultation if you have been injured in East Point, Atlanta, Duluth, Savannah or surrounding areas of Georgia.

BUFORD, Ga - The Dacula Patch is reporting that an 18-year-old female was allegedly raped at a Buford apartment complex. The Gwinnett County police have obtained warrants for men connected with the incident. Three out of the five men involved have been arrested in connection to the alleged battery and rape.

The incident took place at The Preserve at Ivy Creek apartment complex near the Mall of Georgia:

Police were dispatched to Gwinnett Medical Center when the young girl was brought in to the emergency room for treatment.

According to the girl, she had been celebrating her birthday with friends and ended up at the apartment complex. After a night of drinking and a subsequent morning of drinking, she blacked out.

"The victim advised that after drinking for an unknown period of time, she blacked out," the police officer noted in their report.

She was later awoken by two females and told she needed to leave. She went home, fell asleep and later when she awoke she noticed bleeding and felt pain. She also found bruising on her thighs. The girl's brother took her to the emergency room where she indicated she did not remember being raped, but a report was completed regardless.

Our Atlanta premises liability lawyers understand how hard it can be for rape victims to come forward and pursue legal charges against rape assailants. We fight for the rights of sexual assault victims by helping them stand up to their assailants as well those who failed to provide adequate security that could have prevented the assault from occurring in the first place.

If you have been sexually assaulted, contact the lawyers at Gary Martin Hays & Associates to fight for your rights. We have offices in Atlanta and Savannah - Contact us today or call 1-800-898-HAYS.

The Red & Black is reporting that an unknown victim reported a rape from inside Russell Hall on August 18, 2013, at the University of Georgia. The rape was reported by the victim to an employee of the UGA housing staff. The victim was not interested in talking with the police, according to the University police report.

Since March 2013, this is the sixth reported rape that has involved someone affiliated with UGA in Athens. The Red & Black is also reporting that of those 6 reported rapes, four involved UGA students and two listed employees of the University as the suspect.

Notes from the police report:

This particular case is considered an acquaintance rape. Our Atlanta personal injury lawyers know these make up 85% of all rape cases. The other 15% occur when the victim does not know the aggressor. The other 15% of rapes and sexual assaults occur in places like parking lots, parking decks, hotels or apartment complexes that are open to the public. Cases of this nature are considered premises liability cases when the property owner has neglected to take action to keep his or her patrons safe.

Given the most recent reports of rapes on college campuses, Gary Martin Hays, managing partner at the Law Offices of Gary Martin Hays & Associates, offers these 7 tips to help stay safe if you live on a college campus:

1. Always travel with a friend
2. Go on double dates during the early phases of dating
3. Never leave your drink unattended or take a drink from a stranger
4. Do NOT drink to get drunk
5. Request an escort home from campus police or security
6. Avoid dark streets and back roads
7. Adjust your study habits to avoid being alone late at night around campus

If you were the victim of a rape or sexual assault, or if your loved one has experienced something traumatic of that nature, you may be entitled to compensation. Contact the Atlanta premises liability attorneys at the Law Offices of Gary Martin Hays & Associates by emailing us or calling right now - 1-800-898-HAYS.

WSBTV.com is reporting that a student of Clayton State University in Morrow, Ga., was shot in the parking lot of the Clayton Station Apartments earlier this month.

According to officials, the student and his co-worker parked near a small group of people, got out of the car and started walking toward his apartment. It is believed that someone in that small group was responsible for the shooting.

The student was shot in the ankle and later also discovered that he had been shot under the arm as well. The injured student was taken to Grady Memorial Hospital and is in good condition, according to officials.

There have been no arrests, but this shooting is still under investigation.

Clayton Station, the apartment complex where the shooting took place, is owned and operated by Clayton State University.

The Clayton State University claims this on their website:

• 24-Hour Maintenance:  Our skilled and friendly maintenance staff is on call for emergencies 24/7.
• University Police Officer Patrol and Response:  Serving our residents and community.

Our Atlanta personal injury lawyers know that under certain circumstances, premises liability suits can be filed by victims of violent crimes committed on the premises of hotels and motels, apartment complexes, shopping centers, office buildings, and other public facilities.

Many serious injuries and deaths have occurred due to shootings at apartment complexes in the state of Georgia where the owner of the property was negligent, and when that happens people affected have the right to seek restitution.

The Restatement of Torts states:

A possessor of land who holds it open to the public for entry for his business purposes is subject to liability to members of the public while they are upon the land for such a purpose, for physical harm caused by the accidental, negligent, or intentionally harmful acts of third persons or animals, and by the failure of the possessor to exercise reasonable care to:

(a) discover that such acts are being done or are likely to be done, or

(b) give a warning adequate to enable visitors to avoid the harm or otherwise protect them against it.

In instances where a history of shootings have been documented on the premises or near an apartment complex in the past, the owner can be held negligent for not taking action and providing a security presence when someone is shot and seriously injured or killed.

If you were the victim of a serious crime, such as a shooting or sexual assault, or if you have lost a loved one on the premises of an apartment complex, you may be entitled to compensation. Contact the Atlanta premises liability attorneys at the Law Offices of Gary Martin Hays & Associates by contacting us online or calling right now - 1-800-898-HAYS.

The AJC.com is reporting that 32-year-old Kenneth Davis was shot in the head and killed at a Chevron gas station near the Georgia Dome at the corner of Northside Drive and Markham Street in Atlanta.

According to the police, this homicide was not initially considered to have been a random act, but the investigation is still underway, as the motive has yet to be determined. Also, no description was given of the shooter.

Our Atlanta personal injury lawyers know that many serious injuries and deaths have occurred due to shootings at places of business. Shooting deaths that are caused due to property owner negligence, either inside or outside a building, are typically referred to as premises liability cases in the legal world.  Premises liability can occur at residences, commercial buildings or on public property.

In instances where many shootings have occurred in a specific area near a business in the past, the business owner may be responsible for not taking action and providing a security presence when someone is shot and seriously injured or killed.

If you were the victim of a serious crime, such as a shooting or sexual assault, or if you have lost a loved one on the premises of a business, you may be entitled to compensation. Contact the Atlanta premises liability attorneys at the Law Offices of Gary Martin Hays & Associates by emailing us or calling right now - 1-800-898-HAYS.

WSB is reporting that a man was shot and killed at a Norcross apartment complex, and another man was struck in the head.

The Gwinnett County Police released a statement that the two men, Thomas Smith and Steven Carden, were walking through the Celadon Apartment complex at approximately 7:10 a.m. when Smith was struck over the head and Carden was shot.

The Marietta Daily Journal is reporting that the two men did not live in the complex and that they were confronted by two men right before the shooting occurred.

Other sources are reporting that residents of the community are afraid, and feel that they "need more security around the apartments."

Our Atlanta personal injury lawyers have written recently about violent attacks at area apartment complexes and what victims can do to protect their rights. 

According to an advertisement for the apartment complex, the following features are available for residents:

Community Features:

Spacious Townhome Style Apartments

• Sparkling Swimming Pool
• Playground
• Picnic Area/BBQ Area
• Sports Field
• On-Site Laundry Room
• 24-Hour Maintenance

Deaths that are caused due to poor maintenance or dangerous property, either inside or outside a building, are typically referred to as premises liability cases in the legal world.  Premises liability can occur at residences, commercial buildings or on public property.

Invitee, trespasser or licensee?

An invitee is someone who the property owner has invited onto the property, such as a customer or in the case of apartments, the residents. A licensee enters a property for his or her own purposes but has permission from the property owner to be there. A trespasser is one who enters without any right whatsoever.

In regard to trespassers, if the property owner understands that it is likely that trespassers will enter their property, they may be charged with a duty to give reasonable warning to prevent injury.

If you have been seriously injured or lost a friend or loved one as a result of premises liability in the state of Georgia, please contact us today to talk about your case or call now at 1-800-898-HAYS.

The Atlanta premises liability attorneys at the Law Offices of Gary Martin Hays and Associates are trained to fight for the rights of people who have fallen victim to violent crimes due to premises liability.

ROSWELL, Ga. - According to NorthFulton.com, a 20-year-old male was shot in a suburban apartment complex, north of Atlanta, on July 13, 2013.

The shooting took place in the breezeway of one of the buildings at the Orion Apartment complex on Hemingway Lane in Roswell, Ga. The victim took a bullet to the leg and lost a "tremendous amount of blood," said Officer Lisa Holland of the Roswell Police.

The Orion Apartment complex is a pool and tennis community that claims:

"We pledge to provide the finest personal services and facilities to our residents who will always enjoy the highest level of care and personal attention exceeding expectation in every way possible."

Police are still investigating the attack.

Many times when a shooting occurs at an apartment complex, the fact that there was even a shooting at all was a result of premises liability. The legal methodology behind premises liability holds owners and occupiers of property legally responsible for accidents and injuries that occur on that property.

There are industry-accepted standards for attributes like adequate lighting, supervision of the grounds, locking mechanisms for doors, and potentially other safety measures like security cameras, gating and other negligent security related issues.

Residents of Georgia have a right to expect to be kept safe when on the grounds of a business or organization. When someone is a victim of a violent crime and incurs injuries as a result of premises liability, many times the crime could have realistically been prevented if not for the negligence of the place of business.

If you have been seriously injured or lost a loved one as a result of premises liability in the Atlanta metropolitan area, or the state of Georgia, please contact us today to discuss your case or call right now at 1-800-898-HAYS.

The Atlanta Premises Liability Attorneys at the Law Offices of Gary Martin Hays and Associates fights for the rights of people who have fallen victim to violent crimes due to negligence.

DULUTH, Ga. - The Examiner is reporting that a 19-year-old male identified as Julio Trinidad was shot and killed at The Falls Apartment complex located in the Duluth, Ga. area after midnight on July 18, 2013.

Julio was a resident of the apartment complex and there is speculation that the shooting took place during a robbery attempt. According to the police, he suffered what appeared to be at least one gunshot wound to the head but the extent of the injuries will be determined by the Gwinnett County Medical Examiner.

The Falls Apartment complex is located off of Satellite Blvd. 2 miles from I-85.

Their website states the following:

"Welcome to The Falls At Gwinnett Place Neighborhood... Where We Have Safe And Fun Living In Duluth, GA Apartments!"

In some cases, deaths that are caused due to dangerous property conditions or poor building maintenance, either inside or outside a structure, are legally coined "premises liability" incidents.  These incidents can occur at commercial buildings (stores or offices), residences (private homes or rentals), or on public property (parks, streets, or public transportation).

Here are a few examples of how premises can be dangerous:

• faulty design
• shoddy construction or building materials
• negligent building maintenance
• dangerous clutter

There are guidelines that help determine who is legally responsible when it appears that a property condition causes a death or serious injury.

The 2 Liability Rules for Premises Accidents

Rule One: The Owner Must Keep the Property Safe

The owner of a property has a legal responsibility to anyone who enters his or her property as a tenant, not to subject that person to an unreasonable risk of injury because of the construction, design or condition of the property.

The property owner has complete control over the safety of the premises that they own and the visitor has none. For example, if the owner of an apartment building does not fix broken lights, security cameras, locks or gates, they can be held responsible for crimes that are committed.

Rule Two: The Visitor Must Use the Property as they Normally Would

Simply put, if the person injured is using the property in an unsafe way, the property owner is not responsible.

If you have been seriously injured or lost a loved one as a result of a premises liability accident in the Duluth area, or the state of Georgia, please contact us today to discuss your case or call right now at 1-800-898-HAYS.

The Atlanta Premises Liability Attorneys at the Law Offices of Gary Martin Hays and Associates fights for the rights of people who have fallen victim to violent crimes due to premises liability.