Georgia Legal Report

As an Atlanta apartment shooting law firm, we are troubled at the recent slew of apartment complex crimes. Another such shooting occurred this past Tuesday night in Newton County, Georgia. Unfortunately, in addition to the apartment shooting, there was a related car accident which led to the wrongful death of Shirley Akin.

The robbery/shooting happened at approximately 7:30 p.m. on February 23, 2010 at an apartment complex in Newton County. The victim was taken by ambulance to Atlanta Medical Center for treatment of a bullet wound. Following the shooting, the suspects fled the scene in a black Nissan Maxima.

Later in the evening, the two men, while apparently on the run from authorities, struck Ms. Akin's vehicle after running a red light. Ms. Akin was taken to Rockdale Medical Center where she perished as a result of her injuries.

As an Atlanta law firm that represents Clients in apartment shooting cases, we were pleased to learn of the quick arrests of arrested of two individuals suspected of having association with the recent murder of a young woman in an Atlanta apartment complex. Our law firm understands that it is sometimes difficult to locate and apprehend suspects in these types of cases, and the Atlanta Police Department deserves accolades for their swift work.

The young woman was shot in early February at the Atlanta Garden Apartments. She was transported form the scene and died a short time later a Grady Memorial Hospital. All accounts indicate that the woman an innocent bystander to a violent confrontation at the apartment complex.

It remains to be seen whether the owners of the apartment complex will be liable for failing to provide adequate security. An Atlanta premises liability attorney will need to establish that the owners or managers of the apartment complex were aware of criminal activity on the premise in the surrounding area and, despite knowledge of this prior crime, failed to take adequate measures to protect those on its premise.

An Atlanta, Fulton County, Georgia jury awarded $54 million for the wrongful death of a 50 year old woman killed when she was rear ended at full speed by a commercial truck. The woman was stopped in traffic on a highway due to an unrelated car accident. The truck driver failed to recognize that traffic had come to a stop, and collided into and came to a rest on top of the victim's vehicle. It was later revealed that the truck driver who caused the motor vehicle accident had been previously issued numerous traffic citations and had been in violation of drive time regulations.

After hearing testimony as to the truck driver's poor driving record, the Atlanta jury decided that $44 million of the verdict would be assigned as punitive damages to punish the truck driver for his conduct in causing the accident. Unfortunately, however, Georgia law caps the assessment of punitive damages at $250,000.00 in most circumstances. As a consequence, the jury award for the wrongful death of the Atlanta car accident victim was automatically reduced to a little over $10 million.

While punitive damages are primarily recognized as a form of punishment for the at fault party's egregious conduct, punitive damages serve another, and perhaps more important, purpose. Specifically, much as the death penalty is designed to deter the most offensive of criminal acts, punitive damages are designed to deter the most egregious of civil acts. For example, punitive damages serve to better ensure that physicians do not recklessly deter from medical standards of practice. Without the fear of an assessment of punitive damages for medical malpractice in Georgia, it is arguable that some physicians may be more inclined to walk the line between proper and improper conduct.

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Injuries and wrongful deaths occur from time to time at amusement parks such as Six Flags Over Georgia and Six Flags Whitewater. Atlanta premise liability lawyers and attorneys are the most capable of handling such cases, and it is best that these lawyers get involved as quickly as possible to prevent the destruction of any evidence. Surveillance tapes may be destroyed after 30 days, for example, and these tapes could prove to be the most valuable evidence in pursuing a case against the amusement park.

In a recent case, a teenager was seriously injured when she was chased by costumed characters at Six Flags Over Georgia. While trying to escape the chase of the character, the teenager ran into a railing and fractured her hip. Extensive surgery was required to repair the injury, and the teenage will have permanent scarring and discomfort as a result.

While Six Flags denied liability for the teenager's injuries, the case eventually settled for $125,000.00. As a premise liability law firm, we understand that sometime's it is better to settle a case that to take it to trial. In this circumstance, the Plaintiff was willing to accept the offer of settlement made by the amusement park.

A woman who was raped at an Atlanta-area apartment complex was awarded over $8 million dollars by a DeKalb County jury. From an Atlanta premises liability attorney's perspective, this was an excellent verdict for the victim. Hotel and apartment rapes and shootings continue to occur at too regular a frequency in Atlanta and surrounding counties such as DeKalb, Fulton, and Cobb, and the victims of these crimes deserve to be rewarded for the failure of the premises owner to secure his or her property.

The victim in this case was raped when her assailant entered through a window in the apartment. Lawyers for the apartment complex argued that the victim had created the circumstances that allowed her to be raped by giving extra apartment keys to friends and family. The victim's lawyers defeated these defenses, asserting that the lack of security in the apartment complex is what ultimately precipitated the rape. We are proud of our colleagues for obtaining justice for the victim, and we continue efforts at our firm to achieve justice for victims of similar crimes.

Under Georgia law, an apartment owner has a duty to keep the apartment complex safe. Where an apartment owner has reason to anticipate criminal activity on its property through prior crime at the apartment or in the surrounding area, the apartment owner must take reasonable steps to provide adequate security. If the apartment owner fails to undertake these steps, he or she is liable for any injuries that occur to its invitees as a consequence.

A Marietta man injured when a pallet of plywood fell on him while shopping at Home Depot was recently awarded $1.5 million dollars by a Georgia jury. As an Atlanta personal injury attorney representing victims in premises liability claims, this was an excellent result for the Plaintiff. Do-it-yourself warehouses such as Lowes and Home Depot are extremely dangerous venues, and personal injury claims are common.

Premise liability lawyers in Atlanta and throughout Georgia are able to request that a jury award their Clients compensation for the financial damages (medical bills, lost wages, etc.) that they have incurred via a personal injury, as well as for the pain and suffering that they have incurred incidental to their injuries. In the Atlanta Home Depot personal injury premise liability case, the jury awarded the Plaintiff medical expenses in the amount of $120,000.00.

In addition to compensation for his pain and suffering and for his medical expenses, the Plaintiff was also awarded a sum for past and future lost wages. His wife was also awarded $30,000.00 for her loss of consortium.