Intermediate Court Weighs Apartment Complex Ability to Waive Security Requirements
'It's one thing [for an apartment complex] to say we can't be your insurer, it's another thing to say 'We're not doing anything [to provide security].' That seems to be a very extraordinary thing and that concerns me," said Presiding Judge Stephen Dillard.
May 14, 2024 at 05:04 PM
5 minute read
What You Need to Know
- The family of a woman killed when someone fired a gun at her apartment brought a premises liability suit against her landlord.
- However, the company that owned the property said the deceased signed away the landlord's responsibility to provide security in her lease.
- Now it's up to the Court of Appeals to decide whether the provision violates public policy and is thus invalid.
The division of security responsibilities between apartment complexes and police departments in premises liability actions once again came before the Georgia Court of Appeals on Wednesday.
The parties in the case at hand asked the court whether a landlord could contract away their obligation to provide security in a lease in a dispute where a woman was killed by gunfire that broke through the walls of her apartment while she was sleeping. The plaintiff-appellees contended that gang violence plagued the apartment complex in the months leading up to the woman's death, including shots fired into other units and someone tagging her apartment.
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