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by The Stoddard Firm - January 27th, 2021
A BP customer was hospitalized with several broken bones and a collapsed lung after an altercation outside a DeKalb County gas station on January 5th, near the corner of South Hairston Rd and Redan Rd.
As the survivor describes the attack, he was approached by a young man who offered to sell him marijuana. After he declined, the man signaled to several others with gang signs, and more arrived in a black SUV. One of the men grabbed the survivor and slammed his head repeatedly against the wall of the gas station, then pulled out a gun and pointed it at his chest. The survivor pushed the gun to the side and was shot in the shoulder. He believes the motive was robbery.
Police are currently working to identify the assailants, but in the meantime, it’s important not to ignore the other parties who may have contributed to this man’s injuries. Landlords and business owners, including those who control this BP gas station, are legally responsible for providing a safe environment for their guests.
While there are exceptions for the random, unpredictable acts of third parties, once it becomes clear that a certain type of violent crime is prone to happen on or around a given property, the owner becomes responsible for providing adequate security to prevent it.
Most landowners like to present themselves as helpless to control the criminal actions of others, but studies show that a landlord’s level of complicity with local crime actually has a huge influence over the recurrence of crime on their property and even in the surrounding area. If BP has made gangs in the DeKalb area feel safe committing crime on their property, then BP shares liability for those crimes.
The BP station where the shooting occurred is located in the city of Stone Mountain. Stone Mountain is one of the most dangerous cities in the U.S. in terms of crime in general, and has a particular history of gas station shootings. In February 2020, a man was fatally shot at a Citgo gas station less than four miles away on Hairston Rd. No suspect was ever apprehended. That would be reason enough for other gas stations in the area to concern themselves with protecting customers from gun violence, but the reasons don’t end there.
Putting aside the crime rate of the surrounding area, the same BP gas station where the January 5th shooting occurred even has its own history of gun violence. In September 2019, another shooting on the property left another customer in critical condition.
Companies know exactly what they are doing when they choose not to address recurring criminal activity on their properties. They are deciding that the profit they gain from doing business with criminals or saving on security upgrades is worth more than their customers’ lives. By holding such companies financially responsible in civil court, survivors, and family members can help take away that profit incentive.
If you were the survivor of the January 5th BP gas station shooting, or another one like it, The Stoddard Firm can help.
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!
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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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