Case Summary: FPI Atlanta, LP v. Seaton, 240 Ga. App. 880 (1999)
April 13, 2025
Today we are looking at the case of FPI Atlanta, LP v. Seaton, 240 Ga. App. 880 (1999). The appellants are FPI Atlanta, LP, and associated defendants, collectively referred to as the Fogelman defendants. The appellees are Seaton and Seals, tenants at the Timber Trace Apartments in Stone Mountain, Georgia.
Seaton and Seals filed a lawsuit against the Fogelman defendants, alleging negligence and nuisance due to inadequate security measures at their apartment complex, which they claimed led to them being shot by intruders. The trial court denied the Fogelman defendants’ motion for summary judgment on the negligence claim, finding that there were genuine issues of material fact regarding the defendants’ knowledge of prior criminal activity and the adequacy of their security measures. The court granted summary judgment in favor of the defendants on the nuisance claim. The Georgia Court of Appeals affirmed the trial court’s decision, highlighting that the failure to provide adequate security, such as a real security patrol and fenced, gated access, could be seen as a lack of ordinary care, potentially indicating conscious indifference to tenant safety.
Property owners and managers should recognize the importance of implementing effective security measures, especially in areas with a history of criminal activity. Neglecting such responsibilities can result in liability for harm suffered by tenants due to foreseeable criminal acts.