Articles Posted in Premises Liability/Negligent Security

Published on:

(Fox News Atlanta)

(Fox News Atlanta)

Local News

An autistic 18-year-old Berkmar High School student was reportedly injured by an assistant teacher at school Tuesday, September 9, 2014.

According to Fox Atlanta News, Trevon Mason suffered bruising and injuries to his wrist and forearm as an assistant teacher attempted to restrain him during an alleged classroom outburst.

Porscha Clemons was apparently called to Berkman High School in Liliburn after school officials called her Tuesday morning to announce her son had suffered a bruise while being restrained. However, Ms. Clemons was reportedly alarmed to discover the extent of her son’s injuries upon arrival. She alleges school officials could not “explain exactly what happened.”

Ms. Clemons transported her son to the hospital for treatment.

Our Legal Take

The Murray Law Firm is following the incident closely and questions whether the level of staff training and special needs resources at Berkmar High School are adequate to meet individual student needs.

Why was an assistant teacher handling the alleged outburst? Was the assistant teacher left alone in the classroom? Did this staff member have training and education to safely restrain a student in an effort to prevent injury or stress to himself or others? What attempts were made by the staff member to call a professional educated to calmly and safely protect the student and de-escalate the situation?

What resources are available to educators at Berkman High School to handle the individual needs of autistic students? What training have Mr. Mason’s educators received to specifically handle the needs of an autistic student?  

What school procedures are in place to handle a student outburst without injury to the child? How did these methods fail and what is now being done to re-educate and train staff?

Should the school system have failed in their duty to protect Trevon Mason, the parents of Mr. Mason may elect to hold the school system civilly liable for his injuries.

Claims of this magnitude will send a much-needed message to all local school systems on the critical need to provide proper resources, education and training to protect and teach autistic and special needs students. Perhaps, through such claims, other students may be spared the stress, embarrassment and injury caused by a lack of proper resources and training.

The Murray Law Firm works tirelessly to protect young victims of school 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:

One Sovereign Place Apartment Shooting, Sandy Springs (Fox)

One Sovereign Place Apartment Shooting, Sandy Springs (Fox)

Local News

27-year-old Eulalio “Freddie” Mederos-Vega and 23-year-old Byron Caseres were killed in a shooting at the One Sovereign Place apartments in Sandy Springs Sunday, September 14, 2014.

According to Fox Atlanta News, Mr. Vega, a father of four, and Mr. Caseres, were shot inside a One Sovereign Place apartment at 200 Franklin Road around 6:30pm Sunday evening.

Authorities are still searching for a suspect and motive in the shooting.

Our Legal Take

As police continue their investigation, The Murray Law Firm is following the shooting closely and questioning whether a fatal security lapse may have contributed to this tragedy.

Was the gunman a resident of One Sovereign Place and, if not, how did he gain access to the property?

What security measures, such as surveillance cameras, access-controlled gates, fencing, ID card entry systems, security patrols, deadbolts, and alarm systems, were in place to protect residents and deter crime at the time of the shooting? How did these security precautions fail?

By law, apartment owners have a duty to protect residents and guests legally on their property from any foreseeable harm.

Should the owner and management of One Sovereign Place have failed to adequately protect Mr. Vega and Mr. Caseras, their families may elect to hold the complex civilly liable in their wrongful deaths. Claims of this magnitude, potentially in the millions of dollars, will demand One Sovereign Place and other Sandy Springs apartment complexes finally make resident safety their first priority.

Photographs and a thorough inspection of the property will need to be performed immediately before any evidence, such as surveillance footage, maybe damaged or destroyed.

The Mederos-Vega and Caseras families should retain an experienced premises liability firm without delay to ensure all evidence is preserved and their best interests are protected.

The Murray Law Firm has extensive experience in protecting 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

Nizzear Rodriguez (NY Daily News)

Nizzear Rodriguez (NY Daily News)

13-year-old Nizzear Rodriguez was reportedly shot and killed while sleeping in his Bristol Lakes apartment bedroom August 24, 2014.

According to New York Daily News, Mr. Rodriguez was sleeping in his Bristol Lakes home, only hours after celebrating his 13th birthday, when an intruder broke into his bedroom, fatally shooting the young boy. Police originally believed Mr. Rodriguez was the victim of a drive-by shooting. However, after closer examination, police apparently determined an intruder broke into the Rodriguez apartment and shot the child while he slept in his bed, between 1:00am and 3:00am.

It appears Mr. Rodriguez was the victim of mistaken identity. Per media reports, a Friday, September 12th hearing revealed the alleged gunman broke into the apartment “with the intention of killing a rival gang member who lived next door to Rodriguez, but entered the wrong home.”

Five people have since been arrested in connection with the murder.  Witnesses report one of these suspects was seen waving a gun around the apartment complex hours prior to the shooting.

Gang activity has apparently plagued the apartment complex, leaving many residents fearful for their safety. Kanisha Osorio, Nizzear Rodriguez’s aunt, reportedly told media that the family had been making plans to move prior to the shooting because they felt the complex was dangerous.

Mr. Rodriguez was a “top-notch student” at Carrollton Junior High School, according toPrincipal Dr. Todd Simpson. “Nizzear was a wonderful student, well liked and always smiling.”

Many in the Carrollton community are now seeking answers and justice in the death of this young man who had such a bright future.

Our Legal Take

While relieved the police have captured suspects in connection with this horrific shooting, The Murray Law Firm is questioning whether Bristol Lakes Apartments may also hold responsibility in this tragedy.

What security measures were implemented by the apartment owner and management following previous gang activity on and near property?

The alleged gunman was apparently seen waving a gun around the apartment complex only hours before the shooting. Was there a security presence on property at this time and, if so, what efforts were made to alert police prior to the break-in and shooting?

Is the gunman a resident of Bristol Lakes and, if not, how was he able to gain access to the property? What security measures, such as access-controlled gates, fencing, bright lighting, ID card systems, surveillance cameras, and security patrols, were in place to deter crime and protect residents at the time of the shooting? 

How did the intruders gain access to the Rodriguez home? What apartment security features, such as deadbolts, window and door security bars, and alarm systems, were available to protect the Rodriguez family at the time of the break-in?

The Murray Law Firm suggests it is possible that the owner and management of Bristol Lakes Apartments failed in their duty to protect young Nizzear Rodriguez. According to Georgia law, apartment owners are required to protect residents from any foreseeable harm.  For example, should an apartment owner or manager have knowledge of previous violence on or near property, they have a duty to implement extraordinary security measures to protect residents from future violence. Should they fail in this duty, the apartment owner and management may be held civilly liable for any deaths or injuries that occur as a consequence.

Given the alleged history of violence on property, the family of Nizzear Rodriguez may elect to hold the apartment owner and management civilly liable in his wrongful death. Claims of this magnitude, potentially in the millions of dollars, will demand the apartment complex finally make resident safety their first priority. Further, such claims will call on local officials and law enforcement to crack down on gang activity and violence in this neighborhood.  Perhaps, through these claims, many other young lives may be spared.

Photographs and a thorough inspection will need to be performed immediately before any evidence, such as broken fencing or surveillance footage, may be repaired, damaged or destroyed. The Rodriguez family should retain an experienced premises liability firm without delay to ensure all evidence is preserved and their best interests are protected.

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