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Negligent Security Results in Apartment Guest Shooting

Jeffrey R. Davis

Jeffrey R. Davis, P.A. recently concluded a negligent security claim against an apartment complex management company and security company following the shooting of a guest in the parking lot.

The Plaintiff, a young man in his early 20s was sitting in his car visiting his girlfriend, who resided at the apartment complex. The Plaintiff was suddenly confronted by two, armed gunman standing in front of his car who began firing indiscriminately through the windshield.

The Plaintiff was struck as many as nine times and suffered gunshot wounds to his abdomen, pelvis, right groin, right thigh, right lower leg, left thigh, pelvis and various other portions of his leg. The gunshot wounds resulted in a small bowel perforation, bladder rupture, comminuted fracture of his left acetabulum and multiple ballistic fragments located throughout his abdomen. Incredibly, the Plaintiff lived and was left only with minor residual nerve pain in his leg.

            A lawsuit was filed against the operator of the apartment complex and their security guard company.

Discovery revealed that the apartment complex allowed the entry gate to remain broken and open for months prior to the shooting. There were numerous incidents of prior criminal activity on the property, including theft of the security guard’s patrol vehicle, a security guard being robbed at gunpoint of his gun and other equipment, vandalism, rocks being thrown at the security guard, fires being started on the property, and generalized complaints of loitering and unauthorized persons.

On the very day of the shooting, the Security Guard noted a group loitering around the office, however, took no actions. Despite the many instances of criminal conduct, open access, unguarded entrances, and insufficient generalized security, neither the security company nor the apartment complex management took any actions to correct the situation or warn those on the property of the potential danger.

Shortly before trial, at a court ordered mediation, the parties were able to reach a substantial confidential settlement which will provide financial security to the Plaintiff for the remainder of his life.

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