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by The Stoddard Firm - January 29th, 2019
Condominium living has become increasingly popular in Georgia in recent years, between the wave of downsizing baby boomers and the influx of millennial first-time homeowners seeking more modest and centralized options than the suburbs. Although construction has yet to catch up with demand, there are more people living in Georgia condo complexes with each passing year.
Unlike apartment complexes or detached houses in informal communities, condos are usually regulated by a governing board or homeowners’ association (HOA). Among their myriad powers over residents, condo associations have the final say on many matters of security, gun safety, and violence prevention.
One of the reasons condo living is so popular is that it feels safer than the alternatives. Condos are packed close together, often behind security gates, and seem less exposed than detached homes. When compared with apartment complexes, the higher square footage of condos, and the emphasis on homeownership over tenancy, implicitly promise more affluent neighbors. People assume this will keep them safe, but condo dwellers still fall victim to Georgia’s dizzying firearm death rate, even in well-off neighborhoods.
In June of 2018, an Atlanta couple were shot on the doorstep of Peachtree Towers, the luxury condo high rise where they lived, by masked robbers. The man did not survive. In February of the same year, another man was shot at his Atlanta condo complex by a driver who was delivering his Uber Eats order. In Sandy Springs in October, a man assaulted multiple women in a condo high rise’s parking lot and then fired up at the building. Thankfully, no one was killed in that incident, but the bullets penetrated two third-floor units. This was just two years after a gun violence activist was shot and killed in front of another Sandy Springs condo a few miles away.
When one resident poses a threat to others, a condo board can’t “evict” him or her as easily as a landlord can a tenant. What it can do is fine the homeowner, place a lien on the property for any unpaid fines, and ultimately foreclose upon that lien, selling the property to a new owner.
Fines must be based on violations of the association’s CC&Rs, and these typically cannot include bans on gun ownership, but they can require residents to follow all applicable laws and refrain from activity that could cause a nuisance to neighbors. For protection from non-residents, condo boards are also responsible for the maintenance of all common areas, which includes gates and security lighting.
At the very least, HOAs should not abuse their power in ways that put residents at further risk, as one in California did by requiring garage doors to be left open during the day. The danger of break-ins was just one of the reasons this HOA was eventually forced to amend the rule, but such dangerous oversteps are not uncommon.
If you or your family have been exposed to gun violence due to your condo board’s negligence or mismanagement, contact the Stoddard Firm right away for a free consultation.
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.
If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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I went through one of the worst times of my life. When I decided to reach out to Matt it was one of the best decisions I have ever made. He really is a genuine guy who cares about his clients. He worked hard for me and my family for 2 years until we were awarded a settlement we felt deserving! I could not recommend a better guy for your legal services!
Attorney Matthew Stoddard and his staff are awesome professionals. I contacted them with a problem, in my opinion he went above and beyond to assist me. He showed understanding and care and exceeded my expectations.
The Stoddard Firm did an excellent job in representing me in my case ! They went far and beyond to help me, even driving 4 hours to meet me multiple times as a client!!! I honestly felt like I was a member of their legal team and would recommend them to anyone in need of a great lawyer!!!
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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If you or a loved one has been injured due to someone else’s negligence, we’re here to help. Fill out the form below, and one of our experienced Atlanta personal injury attorneys will contact you shortly to discuss your case. Call us 678-RESULTS.
Your information will remain confidential and used solely to contact you about your case.
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