Tenant Can't Sue Apartment Owner Under Ga. Gang Law

By Brett Barrouquere (June 21, 2021, 5:05 PM EDT) -- The Georgia Supreme Court on Monday said the owner and operator of an apartment complex can't be held liable for a tenant who was shot and paralyzed at the complex under a state racketeering law aimed at gang activity because individuals cannot seek damages under the statute.

The unanimous decision reverses a Georgia Court of Appeals and a trial court's decision that allowed Manuel Hernandez to pursue a case against the owners and operators of the Terraces at Brookhaven apartment complex under the Georgia Street Gang Terrorism and Prevention Act.

The law allows a district attorney or municipality to pursue damages, but doesn't specify that an individual may...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS

Attached Documents

Related Sections

Law Firms

Government Agencies

Hello! I'm Law360's automated support bot.

How can I help you today?

For example, you can type:
  • I forgot my password
  • I took a free trial but didn't get a verification email
  • How do I sign up for a newsletter?
Ask a question!