Articles Posted in Premises Liability/Negligent Security

Published on:

(Fox Atlanta)

(Fox Atlanta)

Local News

Security at the Forest Cove Apartments is under intense scrutiny following the shooting of 1-year-old Rodrickus Robinson Saturday evening, October 25, 2014.

According to Fox Atlanta, 1-year-old Rodrickus ‘Junior’ Robinson was attending an outdoor birthday party with his family Saturday when gunfire erupted in the Forest Cove apartment parking lot. Family members apparently tried to carry the little boy to safety, but he was struck in the arm by a stray bullet as they fled the violent scene.

The young boy remains hospitalized, per media reports. Doctors are reportedly performing a second surgery in an attempt to save his arm.

Family and friends have reportedly organized a candlelight vigil to pray for the little boy’s recovery and to raise awareness of the ongoing violence in the Forest Cove community. Courtney Holt, Rodrickus Robinson’s mother, is calling for anyone involved in her son’s shooting to come forward.

Our Legal Take

Police allegedly made an arrest in connection with the shooting on Monday. While relieved a suspect is now in custody, The Murray Law Firm is questioning whether another party may also hold responsibility in the unconscionable shooting of this little boy: Forest Cove Apartments.

New Town Circle Neighborhood Crime Report (spotcrime.com)

Forest Cove Neighborhood Crime Report (spotcrime.com)

Crime reports reveal several burglaries, thefts and assaults in the surrounding neighborhood in the past month alone. What efforts to improve security were made by the owner and management of Forest Cove following previous violence in the community?

Was the gunman a resident of Forest Cove and, if not, how did he gain access to the property? What security measures and access-controls, such as gated entry, security fencing, bright lighting, surveillance cameras and security patrols, were in place and working Saturday evening to protect residents and deter crime? How did these security measures fail?

Given the history of violence in the Forest Cove community, The Murray Law Firm suggests that it is possible the owner and management of Forest Cove failed in their duty to protect the young victim.

By law, Georgia apartment owners have a duty to protect residents and guests from any foreseeable harm. For example, should an apartment owner have knowledge of previous crime on or near property, they must take extraordinary security precautions to protect residents and prevent future violence.

Should Forest Cove be found at fault for failing in this duty, the family of young Rodrickus Robinson may elect to hold the owner and management civilly liable for his injuries. Claims of this magnitude, potentially in the millions of dollars, will demand Forest Cove finally take extraordinary security measures to improve resident safety in the complex. Further, such claims will serve as a much needed warning to other local apartment owners to improve safety conditions for residents. Perhaps, through these legal claims, many other young lives may be spared.

The Murray Law Firm works tirelessly to protect victims of apartment violence and property negligence and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

 

SAC EM Update

Published on:

Local News

Police have reportedly arrested a 30-year-old BNO Services caregiver accused of sexually assaulting a mentally disabled patient Friday, October 10, 2014.

According to the Columbus Ledger-Enquirer, a staff member witnessed a female BNO Services caregiver sexually assaulting a mentally disabled patient. Police were called after the caregiver was allegedly seen placing a disabled patient’s hand on her breast while inappropriately touching his inner thigh area.

The accused caregiver was reportedly responsible for transporting the 51-year-old male patient to doctors appointments. Per media reports, she apparently announced her intention was to “calm him down.”

The caregiver is now facing charges. Investigators have not revealed whether the alleged abuse has been ongoing or if any other patients have been victimized under her care.

Our Legal Take

The Murray Law Firm works tirelessly to protect victims of assisted living facility abuse and negligence. While the firm is relieved to learn the alleged assailant is in police custody, they are questioning whether another party may also hold responsibility in this unconscionable assault: BNO Services.

What screening procedures and criminal background checks were performed by BNO Services prior to the caregiver’s hire?  What medical training and certifications did the employee earn prior to her hire? Were these qualifications verified?

What additional professional training did BNO Services provide prior to allowing the employee to transport and care for their disabled patients? 

Do company policies allow employees unsupervised access to patients? What monitoring procedures were in place to protect patients and oversee care? Are surveillance cameras in place both inside facilities and vehicles? 

As the details of this sexual assault continue to emerge, the victim and his family may seek to hold the owner and management of BNO Services civilly liable. Under Georgia law, care providers have a duty to protect patients from any foreseeable harm. This duty is paramount when serving physically or mentally disabled residents who may not be able to protect themselves.

Should the owner and management of BNO Services have failed in their duty to protect the victim of this sexual assault, they may be held civilly liable for his injuries and suffering. Claims of this magnitude, potentially in the millions of dollars, will, most importantly, demand the BNO Services reevaluate security measures, including staff screening, training and access to patients. Perhaps, through such claims, many others may be spared such unconscionable abuse.

The victim and his family should retain an experienced premises liability firm without delay to ensure all evidence, such as surveillance footage, is preserved and their best interests are protected.

The Murray Law Firm has extensive experience in protecting victims of assisted living facility abuse and negligence and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

 

SAC EM Update

Published on:

Emeritus at Dunwoody, Sandy Springs

Emeritus at Dunwoody, Sandy Springs

Local News

A 73-year-old woman was reportedly sexually assaulted by a caregiver at the Emeritus at Dunwoody Senior Care Facility on Thursday, October 2, 2014.

According to the Sandy Springs Patch, an elderly woman was alleged to have been sexually assaulted by a caregiver while residing at the Emeritus at Dunwoody Senior Care Facility on South Johnson Ferry Road in Sandy Springs. It is unclear whether the purported caregiver was employed by the facility or hired privately for the victim.

Police have now reportedly arrested the caregiver in connection with the alleged assault.

Our Legal Take

The Murray Law Firm works tirelessly to protect victims of nursing home abuse and negligence. While the firm is relieved to learn the alleged assailant is in police custody, they are questioning whether another party may also hold responsibility in this unconscionable assault: Emeritus at Dunwoody Senior Care.

Was the assailant an employee of Emeritus at Dunwoody or an outside care provider? What screening procedure was performed by the employer prior to his hire? How frequently are criminal background checks performed on employees by the employer? 

Was the caregiver allowed access to the victim’s room without other staff members present? Where was Emeritus staff at the time of the assault? What screening procedures are in place to monitor and track employee access to resident rooms? How frequently are  wellness checks performed on residents?

As the details of this assault continue to emerge, the victim and her family may seek to hold the owner and management of Emeritus at Dunwoody civilly liable.  Additional claims may also be filed with any outside care providers involved, should their negligence or lack of screening procedures have contributed to this alleged assault. Under Georgia law, property owners have a duty to protect residents from any foreseeable harm. This duty is paramount when serving disabled or senior residents who may not be able to protect themselves.

Should the owner and management of Emeritus at Dunwoody have failed in their duty to protect the victim of this attack, they may be held civilly liable for her injuries and suffering. Claims of this magnitude, potentially in the millions of dollars, will, most importantly, demand the facility reevaluate security measures, including staff screening and access to resident rooms. Perhaps, through such claims, many others may be spared such unconscionable abuse.

The victim and her family should retain an experienced premises liability firm without delay to ensure all evidence, such as surveillance footage, is preserved and their best interests are protected.

The Murray Law Firm has extensive experience in protecting victims of nursing home abuse and negligence and we offer our legal expertise, if needed. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.

SAC EM Update