Nothing will give the victim his life back as it was.
ATLANTA, GA (PRWEB) July 17, 2012
The Simon Law Firm, headed by Christopher Simon, an Atlanta premises liability lawyer, settled a negligent security case in the State Court of Fulton County, State of Georgia, Anderson vs. Etc Civil Action, for the insurance policy limits stemming from the shooting of a young man in local Atlanta apartment. According to court documents, on April 11, 2010, a neighborhood party turned into a gunfight nightmare at an apartment near the Atlanta Federal Penitentiary where violence had become commonplace.
According to the police incident report, over 100 people had gathered by midnight in the parking lot of the complex for a street party complete with a DJ and public drinking. Shortly after 12:00 a.m., shots rang out and the crowd ran for cover. Several vehicles were hit and numerous people were injured by breaking glass, as well as one victim who was shot by a stray bullet. The police arrived at the incident around 12:40 a.m.
After beginning the long road to recovery, the shooting victim reached out to the Simon Law Firm and Atlanta premises liability attorney, Christopher Simon. The victim sought to determine whether Georgia law would allow him to recover civilly for the shooting, as a result of the apartment's failure to provide security. Georgia law [O.C.G.A. § 51-3-1] provides that once an apartment complex is on notice of violent crime on the premises, its owners have a duty to take reasonable steps to increase security for residents and their guests. The complex admitted during the course of litigation several key facts. A year prior, there were two shootings in the parking lot and another man was shot and killed in an alleged armed robbery as reported by Atlanta news station WBS-TV. Yet, the discovery in the case did not show any change to the security procedures at the apartment. Even after this apartment assault case, nothing changed at the complex and five more men were shot that year according to a story in the Examiner.
"Georgia civil law does not require apartments to guarantee safety, but they do have to attempt their due diligence," says Mr. Simon. "In this case the complex admitted in litigation that sometimes there were police officers on security duty, but not on the night in question. There are signs posted on the property prohibiting music and alcohol in public and it is safe to assume that had the security been present, the party and the shooters would not have been there that night."
After trying to settle the case prior to litigation and being rebuffed by the insurer for the property, the suit was filed and the ownership was forced in legal pleadings to admit the voluminous evidence of prior crime. Several months later, a settlement was reached with the insurance company for the policy limits.
“Nothing will give the victim his life back as it was. The hope is that the insurer will require the property to increase security patrols to take better care of its tenants and that this tragedy will not happen again.” says Mr. Simon.
About The Simon Law Firm
If you were injured in an apartment assault, you should inquire about legal representation from Christopher Simon. You can schedule an appointment at The Simon Law Firm, 3535 Piedmont Road Building 14, Suite 410, Atlanta, Georgia 30305. Call (404) 259-7635 or visit the site at http://www.christophersimon.com/ for more information.