A Marietta mother of three was reportedly the victim of a sexual assault at her 1250 West apartment home, off Powder Springs Street, Tuesday morning, March 3, 2015.
According to The East Cobb Patch and WSB-TV, a masked intruder broke into a Marietta apartment home as a mother was preparing her three young children for school. According to reports, the intruder forced the three children, all under 10-years-old, into a back room before sexually assaulting their mother.
Someone apparently called 911 and police arrived on scene within minutes. Authorities reportedly established a perimeter around the apartment complex and were able to detain a suspect fitting the victim’s description. He has allegedly been taken into custody for further questioning.
Residents of the complex remain terrified for the safety of their families following the assault. One neighbor of the victim reportedly told media, “I have two kids, so if there’s going to be home invasions then I’m not going to be staying here.”
Our Legal Take
As police continue to investigate, The Murray Law Firm is questioning how the intruder was able to gain access to the property and whether a potential security lapse may have contributed to this horrific assault.
A resident review of the complex alleges, “the gates are almost always broken…so if safety is your thing, you might want to keep looking.” Was the assailant a resident of the 1250 West apartment complex and, if not, how did he gain entry to the property? Were the apartment gates working at the time of the assault? Did the gates allow an intruder to follow a resident vehicle into the complex?
What other access-controls, such as security patrols and surveillance cameras, were in place to protect residents and deter crime? How did these security measures fail?
Under Georgia law, apartment owners are required to protect residents from any foreseeable harm. For example, should an apartment owner have knowledge of a property security lapse, such as broken gating, or previous crime on or near property, they have a duty to implement security precautions to protect their residents and deter crime. Should they fail in this duty, they may be held civilly liable for any injuries that occur as a consequence.
As the details of this assault continue to develop, the survivor may be entitled to pursue civil claim against the owner and management company of 1250 West Apartments. A claim of this magnitude will demand the apartment complex reevaluate property security, potentially sparing other victims.
Photographs and a thorough inspection of the property will need to be performed on the victim’s behalf immediately before any evidence, such as surveillance footage or broken gating, is repaired, damaged or destroyed. Although legal proceedings are of little importance following such a hardship, it is critical the victim of this attack retain an experienced premises liability firm without delay to ensure all evidence is preserved and her family’s best interests are protected.
The Murray Law Firm works tirelessly in its representation of victims of sexual assaults and apartment security negligence and we offer our legal expertise, if desired. Anyone seeking further information or legal representation is encouraged to contact us at 404.842.1600. Consultations are free and confidential.