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(AJC)

(AJC)

Security Lapse? Our Legal Take: Man Killed in Forest Cove Apartment Shooting

Local News

A man was reportedly shot and killed outside the Forest Cove Apartments Monday afternoon, July 20, 2015, raising possible questions over apartment security measures.

According to the AJC, the victim was outside the Forest Cove Apartments on New Town Circle SE, around 2:00pm, when he was shot multiple times by two gunmen. Residents reportedly saw the gunmen flee the scene on foot and attempted to help their neighbor, whom they called “Graveyard.” The victim was transported to Grady Memorial Hospital, where he later succumbed to fatal injuries.

Police are still searching for suspects, once again leaving Forest Cove residents concerned for the safety of their families.  One resident informed the AJC that “[t]here’s always something, every day…[t]his is like an everyday thing out here,” referring to crime on the property.  Per AJC reports, “Forest Cove has been the scene of several crimes during the last 15 months.”

Our Legal Take

The Murray Law Firm is aware of prior criminal activity at the Forest Cove complex, including the October 2014 shooting of a 1-year-old boy, and believes that the community violence must stop. Another violent crime raises grave questions over a potential pattern of apartment security negligence, and whether this incident could have been prevented.

  • What additional security measures were taken by the owner and management company of the Forest Cove apartment complex, following previously reported property violence, to protect residents and deter crime? Did any such precautions fail?
  • What security measures and access controls, such as gated entry, bright lighting, security patrols, and surveillance cameras, were in place to deter crime and protect residents?

By law, apartment owners are required to protect all residents legally on the premises from any foreseeable harm.  Should the facts of this matter reveal that the Forest Cove apartment owner and management company failed to provide adequate security, the family of the victim may elect to pursue a legal claim for his wrongful death. Under such a claim the victim’s family may be entitled to substantial monetary compensation for their loss.

Given the complexities of pursuing such a potential case, it is imperative that the victim’s family immediately retain an experienced attorney who can ensure the preservation of any and all evidence that may support such a claim.  Based upon its prior experience in handling apartment complex security cases in the Atlanta area, The Murray Law Firm suggests that photographs and a thorough, unbiased inspection of the apartment and property will need to be performed immediately, before any evidence may be repaired, damaged or destroyed.

We’ve Recovered Millions for our Victims of Gun Violence in Atlanta…Contact us Now for a Free Consultation.

The Murray Law Firm has extensive and successful experience in representing victims of gun violence and security negligence in the Atlanta area, and we offer our legal assistance if desired.  We typically represent our Clients on a contingency agreement, which generally means that no fees or payments are owed until and unless we recover.  Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 404.842.1600. Consultations are free and confidential.

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Choosing the Right Attorney

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.

SAC EM Update

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DumpTruckNightWorkers Compensation and Car Accidents: Company-Related Motor Vehicle Accidents May Allow for Two Cases

Work-related car accidents account for a large percentage of all on the job injuries. OSHA warns, more than 1,766 deaths a year result from occupational transportation incidents. That number is more than 38 percent of the 4,547 annual number of fatalities from all occupational injuries.

Many Georgia employees are not aware that when they are injured in a motor vehicle accident while on the job they may be entitled to more than just workers’ compensation benefits.  The fact is that both a workers compensation claim and a personal injury claim may possibly be pursued.

Georgia work accident victims are, of course, entitled to a number of benefits ranging from medical care to weekly indemnity checks.  These benefits may be limited, however, and not allow an injured worker to receive full compensation for an injury.  Thankfully, the workers compensation system is not always the only option for an individual hurt in a work accident. It is true that Georgia law includes a statute that is commonly referred to as the ‘exclusive remedy doctrine’ which prohibits an injured worker from bringing a personal injury action against its employer. This statute does not, however, apply where a third party unrelated to the employer is at fault in causing the work accident. Under such circumstances, the injured worker may also have a personal injury case in addition to the workers compensation claim.  Thus, where a worker is injured in a car accident by the fault of another, a personal injury claim may exist against that party.  These third party claims often result in recoveries that are substantially more than the recovery allowed under a workers compensation claim.  Because these claims are legally complex, a worker injured in a car accident should seek the assistance of a Georgia attorney experienced in both personal injury and workers’ compensation.

We Fight for Victims of Work-Related Accidents in Georgia…Contact us Now for a Free Consultation.

The Murray Law Firm has extensive and successful experience in representing Clients in both personal injury and workers’ compensation claims.  The Murray Law Firm has recovered millions of dollars for our workers compensation and personal injury clients, and we offer our legal assistance, if desired. Anyone seeking further information or legal representation is encouraged to contact us via e-mail (click here) or by telephone at 888.842.1616. Consultations are free and confidential.

728x90 Justice

Choosing the Right Attorney

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.
SAC EM Update

Contingency Fees Disclaimer: “Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.”

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Nightclub Bar SceneThe DC Metropolitan Police Department has released their Best Practices for Nightlife Establishments report, outlining how nightclub owners can develop a safe nightlife atmosphere for patrons. While the full report addresses a variety of crucial nightclub security guidelines, including age verification, intoxication, employee training, and security procedures, this article specifically focuses on the DCPD best practices for preventing nightclub sexual assault.

It is your responsibility as establishment owners and managers to ensure that your customers enjoy the evening as safely as possible. These precautions help create a positive relationship between you and your neighbors, and they help ensure that your establishment is free from any illegal activity. –DC Metropolitan Police Chief Cathy L. Lanier

Developing a Safe Nightlife Atmosphere: Preventing Sexual Assault

  1. Management and employees can help to prevent their premises from being exploited by sexual aggressors, who may seek to take advantage of vulnerable patrons. Alcohol is the most common substance aggressors use to facilitate sexual assault. Both the aggressor and the target may have impaired judgment and lower awareness as a result of alcohol consumption, leading to a greater chance of sexual violation anywhere along the spectrum from harassment to violent assault. However, the environment around a sexual aggressor can make a difference in their behavior.
  2. Young women are statistically most likely to be the target of unwanted sexual attention and aggression, but it’s important to keep in mind that anyone may be a target, including patrons of gay establishments. Aggressors often present themselves as friendly, seeking to get to know a target, buying them drinks, or otherwise displaying a romantic interest. Aggressors may also engage in unwanted contact such as pressing up against someone on the dance floor, groping, or “up- skirt” grabbing. If bar staff notice any of these behaviors, it may be useful for them to ask the target if s/he would like any intervention and/or keep a close eye on the situation in case it escalates.Escalation can also take place off-premises. A common scenario is for an aggressor to initiate an inter- action on the premises, isolate the target from her friends, and then persuade or pressure the target to leave with him. Employees should be attuned to behavior that seems overly familiar or aggressive under the circumstances, especially if the potential target is visibly intoxicated or seems to be impaired.
  3. Establishment personnel should offer to call a cab for the vulnerable or impaired person, and closely observe as patrons leave to see if they seem to be able to navigate safely. Security personnel at the door or outside are well positioned and should observe when patrons leave. They should also take general note of whom patrons arrive with and whether they leave with the same group or someone else. Note that aggressors may seek to get targets drunk or drugged, encourage them to get some air, and then pull up in a car or hail a cab to take them away.
  4. If establishment personnel sense that something is awry, either when an aggressor is purchasing drinks for a potential target who is visibly intoxicated, isolating her from her friends, or trying to leave with her, personnel should make it clear to the aggressor that they have been observed by asking them in front of others how they’re doing or if they need some help. Staff can also use distraction techniques to separate the target from the aggressor, such as telling the potential target that her friends are looking for her. If possible, employees should make a note of the circumstances, the descriptions of the parties, or any other information that could become relevant at a later time. However, establishment managers and staff should make every effort to keep patrons safe and proactively intervene if they observe any suspicious or problematic behaviors.
  5. Encourage groups to designate one person as a chaperone and perhaps identify this person with a wristband. This person could be served non-alcoholic beverages at a discount for the night.
  6. For prevention of assaults on the premises, maintain surveillance cameras outside restroom doors, and consider employing a restroom attendant. Ensure that restrooms are used by the appropriate gender. If the restrooms are gender-segregated, monitor to ensure that men do not enter the women’s restroom (keeping in mind that some people who appear to be one gender may in fact be another). Surveillance cameras should be monitored throughout the night, especially near closing time. Ensure that storage areas and other restricted areas are kept locked and secured. Closed darkened areas create a potential danger.
  7. Support staff, including porters, barbacks, busboys, and kitchen staff, should receive sexual assault awareness training that will help them be aware of patron behavior and recognize potential perpetrator behaviors that may lead to sexual assault, especially as these employees work in or pass through areas that are dark or restricted. As part of their training, employees should be instructed to immediately report any suspicious or problematic behavior to a supervisor or manager.
  8. Establishments can send a clear message that there is zero tolerance for sexual assault by posting signs letting patrons know that their safety is a priority, and including on the signs who among the staff a patron can approach if they need assistance.

  9. Perhaps most important, management and employees should trust their instincts regarding possible predatory behavior they may observe. If something doesn’t seem right, it probably isn’t. Management should communicate to employees, ideally by establishing a written policy, that they support proactive efforts to address suspicious, aggressive, or predatory behavior. If possible, employees should make notes of any situation they observed for later reference if needed.

    Visit DC Metropolitan Police Department for Complete Best Practices for Nightlife Establishments Report.

Victims of Nightclub Sexual Assault

By law, nightclub owners and managers are required to protect all patrons legally on the premises from any foreseeable harm. Should a nightclub owner or manager fail in this legal duty, victims of nightclub sexual assault may elect to pursue a legal claim for their injuries and suffering. Under such a claim, victims of sexual assault may be entitled to an award of damages that could include, among other items, substantial monetary compensation for: pain and suffering; past and future medical expenses; loss of wages and future earning capacity; disfigurement; and, mental anguish.

Photographs and a thorough inspection of the scene will need to be performed on behalf of the victim immediately before any evidence, such as register receipts or surveillance footage, may be destroyed. As such, it is imperative that nightclub sexual assault victims speak with an experienced premises liability firm immediately to ensure their interests are protected.

We are here to Help. Contact us for a Free Consultation.

The Murray Law Firm has extensive and successful experience in representing victims of nightclub sexual assault and security negligence in and we offer our legal expertise, if desired. Anyone seeking further information or legal representation is encouraged to contact us at 888.842.1616. Consultations are free and confidential.

728x90 Justice

Choosing the Right Attorney

Selecting the right attorney for you or your family is highly important. You must feel confident that the attorney you hire has a complete understanding of the law applicable to your particular case, and has successful experience in handling such cases.

Important: Do not hire a lawyer who has violated the Rules of Professional Conduct!!!

You should not hire an attorney who calls you or visits you unsolicited, or anyone that contacts you directly to offer legal services. This activity is strictly prohibited by Rule 7.3 of the American Bar Association (ABA) Model Rules of Professional Conduct, which states as follows:

ABA Center for Professional ResponsibilityA LAWYER “SHALL NOT” CONTACT A PROSPECTIVE CLIENT THROUGH A “LIVE TELEPHONE” OR AN “IN-PERSON” VISIT.

– RULE 7.3, ABA MODEL RULES OF PROFESSIONAL CONDUCT.

If an attorney, or someone acting on behalf of an attorney, contacts you in this manner, that attorney is in violation of this Rule. This unethical and unprofessional activity on the part of the lawyer is good sign that you should stay away. It is imperative that you are represented by an attorney who is capable of advocating for you within the confines of the law, and an attorney who fails to abide by the Rules of Professional Conduct is probably not the best fit. In fact, any such attorney should be immediately reported to the local State Bar Association. If you have been contacted in such an unsolicited manner, contact us and we’ll assist you in filing a report.
SAC EM Update

Contingency Fees Disclaimer: “Contingent attorneys’ fees refers only to those fees charged by attorneys for their legal services. Such fees are not permitted in all types of cases. Court costs and other additional expenses of legal action usually must be paid by the client.”