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by The Stoddard Firm - August 23rd, 2022
Criminal violence is a massively complex issue with many interconnected factors. The behavior of landlords may not be the sole root of the problem, but it does play a much bigger part than many people realize.
Once it becomes common knowledge that violence often happens on a particular property, and the perpetrators get away with it, other potential perpetrators become emboldened to hurt people on that property. In fact, that’s often how crime hotspots form — one or two businesses prove themselves friendly or indifferent toward violence, and opportunistic criminal routines form around those businesses.
Conversely, when a property owner correctly applies security measures like cameras and gates, it really does make a difference in crime rates, not just on the individual property, but for the surrounding neighborhood.
Landlord negligence is also one of the rare aspects of the violence problem that survivors can take action against right now, without waiting for any big, systemic or policy changes. The law already requires landlords to protect people on their properties; landlords just need to be held to it in civil court.
On the evening of July 21st, someone fired multiple shots into a first-floor unit at the Lakeview Apartments in Fort Valley, hitting a 1- and 2-year-old pair of siblings, Marcus and Markailey Ball. The victims were taken to Atrium Health of Peach County, where the younger brother died upon arrival, and the older sister received treatment for a severe shoulder wound.
Police later charged a suspect with the shooting, but have not released any information on the suspected motive or relationship to the victims.
Regardless of those details, it’s clear enough that the Lakeview Apartments has a serious problem with gun violence. This was the third shooting in as many months that took place at this one complex. If management took any steps at all to improve security after the earlier shootings, they obviously weren’t enough to keep these two children safe.
Additionally, police do not believe this shooter was connected with the previous incidents, meaning that his arrest has not resolved the ongoing danger to the surviving residents.
Everyone needs and deserves a safe place to call home, and those who pay rent to a residential landlord are legally entitled to one. By all appearances, the tenants of the Lakeview Apartments haven’t just been terrorized and attacked — they’ve been cheated.
Too often, victims of violent crime assume that because they were in a “rough area” when the crime occurred, there’s nothing they can do about it. Landlords in these areas tend to encourage this idea, that crime is completely out of their hands, and residents and guests accept all the risks just by existing there.
This is absolutely not true. Not practically, and not legally. As noted above, landlords hold enormous power over crime and security. They also have a duty to do what they can to keep their properties free of foreseeable dangers, including criminal violence.
The operative word is foreseeable. So, essentially, when a person is attacked on a landlord’s property, the landlord’s main legal defense will be, “How could I have expected that to happen?”
The more often similar attacks happen on the property, the more ridiculous and useless that defense becomes.
Thankfully, the Ball family seems to be getting support in their pursuit of justice. They’re already in the process of suing the Lakeview Apartments for the death of their son, and the injuries that may leave their daughter with only one usable arm.
Lots other families affected by gun violence in Georgia are not so aware of their rights, however. If your family has been victimized while living in a complex with a history of crime, reach out to The Stoddard Firm to learn about your options.
A dedicated, ethical advocate who spent years defending major corporations in serious injury and wrongful death cases before switching sides to fight for families who have lost someone. Known for high-profile wrongful death trials featured on Courtroom View Network, he is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, he works tirelessly to pursue accountability and deliver results for families facing catastrophic loss.
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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