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by The Stoddard Firm - December 20th, 2021
Atlanta’s children live with the constant threat of gun violence, and many will never get the chance to grow up because of it.
Dozens of people aged 18 and younger were killed in shootings in Metropolitan Atlanta this past year alone. The danger isn’t limited to mass shootings at school or in public places. In fact, most of these deaths from 2021 occurred individually or in small groups, nearly half of them in or near homes.
As grieving and worried parents know all too well, low-income communities bear the worst of this ongoing tragedy. Landlords treat home safety as a luxury item, investing in it only when they plan to charge rent far above what the average family can afford. Meanwhile, they encourage the myth that low-income people, and especially low-income people of color, are the cause of violent crime and therefore impossible to protect from it.
This practice is not only cruel and based on faulty logic, it’s legally negligent. Although few survivors know it, it is possible to hold landlords financially accountable for the violence they enable.
Kayden Jones was one of the youngest (though not the youngest) of the Atlanta children lost to gun violence in 2021. Not long after his family moved into the Brentwood Heights apartment complex on Alison Ct, the 8-year-old child was fatally shot inside his new home.
His death is currently believed to be accidental, and police have not released any information on who may have been holding the gun or why. However, the Jones’s downstairs neighbor says that she heard the shot, followed by a thump, and thought nothing of it at first, because gunshots are such a common occurrence in the area. This is consistent with publicly posted reviews of the complex dating back five years.
It seems very likely that the owners of this complex had abundant warning signs and every opportunity to address the threat of gun violence, but chose not to do so.
People often ask why, or even how, a landlord should bear the responsibility for the violent or negligent actions of others. Aren’t shooters and negligent gun owners responsible for their own actions? Does a landlord really have the right or power to interfere with those actions?
The simple answer is that landlords are legally required to take all reasonable steps to address any known threats to their tenants’ safety. In an area where gun violence is common, it counts as a known threat. There are many effective risk-reduction techniques landlords can and should use in these situations, including:
The responsibilities of landlords in no way detract from the responsibilities of gun owners and users. The decision to bring a civil suit against a negligent landlord does not conflict with any legal recourse available against the individual shooter.
Suing a negligent landlord does, however, have a much better chance of producing practical, positive results than suing an individual shooter. Landlords are generally in a much better position to compensate survivors, and they have the power to improve safety for countless other families if they’re properly financially motivated to do so.
If you are one of Kayden Jones’s parents, or the parent of any other child lost to gun violence in Atlanta’s residential rental properties, reach out to the negligent security lawyers at The Stoddard Firm to learn more about your options today.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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