Melissa Clark lived at Bedford-Pine Apartments in Atlanta. One evening, while walking through the complex, she became the victim of a violent assault. Her attacker exploited the property’s glaring security flaws: broken lights, unmonitored cameras, and unlocked gates that should have been secured. Understandably, Melissa sought justice—not only against her assailant but also against the apartment management for failing to maintain a safe environment.
The management company argued that they had no prior knowledge of criminal activity and that the assault was unforeseeable. However, Melissa’s legal team had a different perspective: they argued that a pattern of prior crimes in the area and on the property itself created a foreseeable risk—one the property owner had a duty to address.
In cases like Melissa’s, the key to holding property owners accountable is proving that they knew—or should have known—about the potential for danger and failed to act. Here’s how an experienced attorney builds that case:
1. Gathering Evidence of Prior Crimes o Attorneys collect police reports, 911 call logs, and incident reports for the property and its surrounding areas. o Patterns of criminal activity—such as burglaries, robberies, or assaults—help demonstrate that the danger was foreseeable. For example, if a property had three prior burglaries, it suggests an ongoing risk, even if those incidents didn’t result in personal harm.
2. Proving Substantial Similarity o Courts require that prior crimes be “substantially similar” to the crime in question. For example, a previous burglary that showed forced entry into an apartment might indicate a heightened risk for violent intrusions. Attorneys work to show that such incidents signal the potential for more serious crimes.
3. Interviewing Tenants and Staff o Testimonies from residents and property employees can reveal a history of complaints about security failures, such as broken locks, poor lighting, or suspicious activity.
4. Collaborating with Security Experts o Security experts are often brought in to evaluate whether the property met reasonable safety standards. These experts can testify that specific measures—like functioning cameras or locked gates—would have likely deterred the crime.
5. Documenting Property Conditions o Photos and videos of poor lighting, broken gates, or other safety issues at the time of the incident help paint a clear picture of negligence.
Cases like Melissa’s hinge on whether the property owner took reasonable steps to protect tenants. In Matt v. Days Inns of America, the Georgia Supreme Court ruled that even a single prior robbery was enough to create a “triable issue” regarding the property owner’s duty to protect patrons. Similarly, in Walker v. Sturbridge Partners, evidence of three prior burglaries was sufficient to argue that the landlord should have been aware of the risks.
However, not all cases are successful. In Savannah College of Art & Design v. Roe, the court ruled that incidents of petty thefts and “peeping toms” were not enough to establish foreseeability for a sexual assault, showing how critical it is to connect prior incidents to the specific type of crime.
If you or someone you know has experienced a crime due to a property owner’s negligence, here are actionable steps:
1. Document the Scene: Take photos of any security issues, such as broken locks, poor lighting, or missing cameras.
2. File a Police Report: Ensure the crime is officially recorded.
3. Report to Management: Notify the property management company in writing about any security failures.
4. Seek Legal Help: Contact an attorney with experience in premises liability cases. They can guide you through collecting evidence and building a case.
Premises liability cases aren’t just about compensation—they’re about accountability. Property owners have a duty to create safe environments for their tenants and visitors. When they fail, they must answer for the consequences.
Melissa’s case serves as a reminder that no one should have to face danger in a place they call home. And with the right legal team, justice is possible—not just for the victim, but for every tenant who deserves a safe place to live.
About the Author: Sanga Turnbull
Sanga Turnbull is a seasoned attorney with over 20 years of experience specializing in premises liability, inadequate security cases, and personal injury law. As a proud member of the National Crime Victim Bar Association, Georgia Trial Lawyers Association, Florida Justice Association, and the American Association for Justice, Sanga is deeply committed to advocating for victims of crime and negligence.
Throughout his career, he has built a reputation for holding property owners and businesses accountable for failing to provide safe environments, securing justice and compensation for countless clients. His dedication to meticulous case preparation and compassionate client advocacy makes him a trusted ally for those seeking justice.
