Deadly Apartment Shooting in South Memphis at Cottonwood Apartments

Deadly Apartment Shooting in South Memphis at Cottonwood Apartments

We continue to read about apartment complex shootings in Memphis and can’t help but wonder what kind of security measures were in place at these complexes. Could a more thoughtful security plan have prevented these tragic deaths and injuries? 6 different people were killed in Memphis, TN over the weekend per reports of the Commercial Appeal.

Moreover, this all occurred over a 72 hour period. At about 5:30 pm on Sunday, the Memphis Police Department responded to a robbery call in the Cottonwood Apartments. When they arrived, the Memphis Police Department found three men with gunshot wounds. One of the victims is dead.  The other victims transported to the Med after the shooting.

COTTONWOOD APARTMENTS’ DUTY TO PROVIDE REASONABLE SECURITY

Did you know that in Memphis, TN apartment complexes usually have a duty to provide reasonable security measures?  Each case is different. In some cases, a crime victim injured on apartment complex property may be entitled to money damages from the apartment complex or its owner. Call Patterson Bray, if you or a family member are the victim of a shooting at an apartment complex. You may be able to recover against the apartment complex, even though you were shot by a criminal. This depends on the facts of your case and the security measures that were or were not in place at the apartment complex. Every case is unique. It is important to call an experienced apartment complex shooting lawyer Memphis, TN to discuss your case.

WE REPRESENT VICTIMS OF APARTMENT COMPLEX SHOOTINGS.

Do you have questions about a potential case against an apartment complex based on the acts of a criminal assailant? Our law firm has significant experience in this type of case. We represent clients that are shot at apartment complexes, and we help obtain compensation for injuries. Not only do we have the necessary experience in this kind of case, but we treat our clients like family. You will never feel like a “file on a shelf” at Patterson Bray.

Call us today at (901) 372-5003 or email us here.

Deadly Shooting at The Cobra in East Nashville, TN

Deadly Shooting at The Cobra in East Nashville, TN

Just this Friday morning, another sad incident occurred at a bar in East Nashville, TN. At approximately 3:30 am, patrons of the Cobra bar in Nashville, TN were shot in the parking lot. Jaime Sarrantonio and Bartley Teal unfortunately lost their lives as a result of this shooting East Nashville, TN and the possible negligence of the bars owners. According to news reports, the two walked to a convenience store to get some snacks. When they returned, they were shot during an apparent robbery. This is just the latest shooting East Nashville, TN to occur recently. Sadly, one of the victims had just turned 33, and this may have been prevented.

NEGLIGENT SECURITY | PUTTING PROFIT BEFORE PEOPLE

Some bars and nightclubs are quiet places where no one ever raises their voice and fights are unheard of, but others unfortunately are hotbeds for arguments and fights night after night. What if you are attacked in a bar or nightclub or what if you accidentally get hit by a fist or a thrown bottle? Who is liable? Is the bar or nightclub liable to you? How does premises liability law cover these situations?

Bar owners must take reasonable steps to prevent guns from entering their establishments. With adequate security measures in place, shootings East Nashville, TN can be prevented. Sadly, when we investigate shooting lawsuits, all too often the property or bar owner negligently ignored their security needs. This results in negligent security cases. The purpose of these shooting lawsuits is to hold the bar accountable for the wrongful injury or death of the shooting victim(s). Although money will not bring the deceased back or make the injured healthy, it sends a message to the negligent owner.

DOES THE VICTIM HAVE A CLAIM AGAINST THE THE COBRA?

Maybe. There are many factors to consider. Tennessee law requires property owners and managers to take reasonable measures to protect guests from foreseeable criminal attacks. Whether the victims or their family will be able to recover against the The Cobra for this shooting East Nashville, TN  depends on a number of factors, including how exactly the incident occurred, what security measures the bar provided, and the crime levels for the bar and surrounding area.  Each negligent security case is unique.  As such, injured individuals and their families need a law firm that regularly handles negligent security cases.  Patterson Bray has represented negligent security victims for years and understands victims’ rights.

ARE YOU THE VICTIM OF A NEGLIGENT SECURITY CRIME OR SHOOTING? IF SO, CALL THE NEGLIGENT SECURITY LAWYER NASHVILLE, TN TRUSTS.

We’ve helped other crime victims, and we can help you recover your damages if a bar failed to take reasonable measures to protect against foreseeable criminal attacks. Patterson Bray are a personal injury and wrongful death attorneys Nashville, TN knows and trusts.

If you or your family member is the victim of a serious injury due to crime or negligent security, please call Patterson Bray today at 901-372-5003.

Patterson Bray Attorneys

Deadly apartment shooting in Antioch, TN

Deadly apartment shooting in Antioch, TN

Another deadly apartment shooting in the Nashville, TN area.

There was another apartment shooting in the Nashville area this weekend.  Local news stations report that Craig Crisp was shot during an attempted robbery at the Hickory Lakes Apartments in Antioch, Tennessee early Saturday morning.  Craig Crisp was rushed to Vanderbilt University Medical Center, but, tragically he did not survive the attack.  According to news reports, authorities believe that there are two (2) suspects involved with the deadly shooting who may also be responsible for a robbery at the same complex just last weekend.

Does the victim have a claim against the apartment complex?

Maybe. There are many factors to consider. Tennessee law requires apartment complex owners and managers to take reasonable measures to protect tenants and guests from foreseeable criminal attacks. Whether the victim or his family will be able to recover against the Hickory Lakes Apartments depends on a number of factors, including how exactly the incident occurred, what security measures the apartment complex provided, and the crime levels for the apartment complex and surrounding neighborhood.  Each negligent security case is unique.  As such, injured individuals and their families need a law firm that regularly handles negligent security cases.  Patterson Bray has represented victims of apartment crimes for years and understands victims’ rights.

Are you the victim of an apartment crime or apartment shooting? If so, call the apartment crime lawyer Nashville, TN trusts.

We’ve helped other crime victims, and we can help you recover your damages if apartment management failed to take reasonable measures to protect against foreseeable criminal attacks. Patterson Bray is an apartment crime lawyer Nashville, TN knows and trusts.

If you or your family member is the victim of a serious injury due to apartment crime, please call Patterson Bray today at 901-372-5003.

Memphis, TN Hotel Security and Shootings

Memphis, TN Hotel Security and Shootings

Violent crime isn’t limited to urban centers, or run-down properties. Areas in Shelby County, including Memphis, TN experience violent crime, often at hotels and apartment complexes.

Just recently, the Memphis Police Department responded to a shooting that occurred at an America’s Best Value Inn Suites because of poor hotel security in Memphis, TN. This is not the first incident to occur at this property. In April another fatal shooting also occurred. The Commercial Appeal reports that one man fatally shot Luther Street at the hotel and then fled the scene of the crime. The Commercial Appeal reports that the fatal shooting of Mr. Street was the third such fatal shooting at the hotel since 2016.

Crime Victim Lawyers & Hotel Security

In Tennessee, commercial property owners and managers, including hotel owners and managers, must take reasonable measures to protect guests from foreseeable criminal attacks. The victim of a fatal shooting, or his or her family, like the one that occurred in Whitehaven may have a claim against the hotel. Whether the victim would be able to recover against America’s Best Value Inn Suites depends on a number of factors, including, but not limited to, the facts of how the incident occurred, security measures provided at the hotel, and crime levels for the hotel and surrounding area.

Our firm handles negligent security cases, and Tennessee law requires that commercial property owners, like a hotel, store or shopping mall, provide reasonable security to its customers. What is reasonable? That’s ultimately up to a jury to decide after hearing evidence about crime history, neighborhood statistics, etc., but it sure sounds like the security provided by this particular hotel was not sufficient.

Because remedies in criminal court do not adequately compensate the crime victim, we may be able to help a crime victim recover compensation for injuries and financial losses due to the failure of a business, shopping mall, store, or apartment complex to provide reasonable security measures in accordance with Tennessee law.


If you are the victim of a serious injury due to hotel crime, please call Patterson Bray today at 901-372-5003. We’ve helped other crime victims like you, and we can help YOU recover your damages if hotel management failed to take reasonable measures to protect against foreseeable criminal attacks. Patterson Bray is a crime victim lawyer Memphis, TN knows and trusts. We will meet or speak with you and discuss whether you might have a case at no charge.  Call us today.

Deadly Shooting at The Park at Hermitage Apartments in Nashville, TN

Deadly Shooting at The Park at Hermitage Apartments in Nashville, TN

Crime at Nashville, TN apartment complexes continues.

Just this week, a man was shot in the back at a pool at The Park at Hermitage Apartments near Old Hickory Boulevard, just south of Interstate 40, in Nashville, TN. According to the news we’re reading, witnesses say that two men wearing dark clothing and masks approached victims at the apartment’s pool. The gunmen tried to rob the group and shots were fired. According to News Channel 5 in Nashville, TN, the victim was taken to Vanderbilt University Medical Center with critical injuries.

Does the victim have a claim against the apartment complex where he got shot?

Maybe. There are many factors to consider. In Tennessee, apartment complex owners and managers must take reasonable measures to protect tenants and guests from foreseeable criminal attacks. Whether the victim would be able to recover against the The Park at Hermitage Apartments depends on a number of factors, including, but not limited to, the facts of how the incident occurred, security measures provided at the apartment complex, and crime levels for the apartment complex and surrounding neighborhood. According to the news report, 67 crimes have been reported within a half a mile of the apartment complex since the beginning of June.

Are you the victim of an apartment crime or apartment shooting? If so, call the apartment crime lawyer Nashville, TN knows and respects.

If you are the victim of a serious injury due to apartment crime, please call Patterson Bray today at 901-372-5003. We’ve helped other crime victims like you, and we can help YOU recover your damages if apartment management failed to take reasonable measures to protect against foreseeable criminal attacks. Patterson Bray is an apartment crime lawyer Nashville, TN knows and trusts. We will meet or speak with you and discuss whether you might have a case at no charge.  Call us today.

Injured by a USPS driver? You might be able to sue the USPS.

Injured by a USPS driver? You might be able to sue the USPS.

Claims against the postal service can be tricky because the law with respect to these types of claims is unique.  Unfortunately, injured parties cannot simply file a lawsuit against postal service like you would against any other negligent driver.  Instead, you must comply with the Federal Tort Claims Act (“FTCA”).  Running afoul of the FTCA might negatively affect your rights.  As such, you need an experienced personal injury lawyer Memphis trusts to help you navigate this unique area of law.

A brief history on suits against the federal government

Years ago, people could not even sue the federal government based on the legal doctrine of sovereign immunity, which is basically lawyer-talk for the notion that the government has to give you permission to sue it.  Stated differently, the federal government has to waive its sovereign immunity and consent to being sued.  Thankfully, Congress did just that by passing the Federal Tort Claims Act in 1946. 28 U.S.C. §§ 1346, 2671-2680.

Specifically, the FTCA allows suit against the federal government:

[F]or money damages . . . for injury or loss of property, or personal injury or death caused by the negligent or wrongful act or omission of any employee of the Government while acting within the scope of his office or employment, under circumstances where the United States, if a private person, would be liable to the claimant in accordance with the law of the place where the act or omission occurred. 28 U.S.C. § 1346(b)(1).

As you can see, the FTCA is broad in that it allows injured parties to bring suit for the negligence of a government employee.  However, there are several unique aspects of the FTCA that can be tricky.

What’s different about claims brought under the FTCA?

  1. Administrative process

The most significant difference between filing a claim against a private individual and bringing one against the federal government for its employee’s negligence is the pre-lawsuit administrative process.  For claims brought under the FTCA, claimants must file a claim with the appropriate federal agency before filing their lawsuit. 28 U.S.C. 2675(a).  If the claimant does not comply with the administrative claims procedure, he or she cannot file suit in federal court and risks losing his or her rights altogether.

  1. Statute of limitations

Another notable difference is the statute of limitations for FTCA claims.  The FTCA replaces the state statute of limitations with a federal statute. See Chomic v. United States, 377 F.3d 607, 610 (6th Cir. 2004).  FTCA claims are subject to two (2) different limitations periods under 28 U.S.C. §§ 1346(b)(1):

A tort claim against the United States shall be forever barred unless it is presented in writing to the appropriate Federal agency within two years after such claim accrues or unless action is begun within six months after the date of mailing, by certified or registered mail, of notice of final denial of the claim by the agency to which it was presented.

As you can see, the FTCA essentially has two (2) different statutes of limitations.  One for the administrative claim and another for the eventual lawsuit if the claim is denied or ignored.

  1. Attorney fees

Another significant difference is that the FTCA establishes a cap for attorney fees of 25% for litigated matters and 20% for claims resolved during the administrative process. 28 U.S.C. § 2678.

Exceptions to the waiver of sovereign immunity

Under the FTCA, there are several types of claims for which the federal government retains its sovereign immunity and does not let individuals file suit regardless of whether a federal employee was negligent.  This is commonly referred to as an exception to the waiver of sovereign immunity.  One notable exception is for discretionary functions.  Pursuant to 28 U.S.C. § 2680(a), injured parties cannot sue the federal government for “[a]ny claim based upon an act or omission of an employee of the Government, exercising due care, in the execution of a statute or regulation, whether or not such statute or regulation be valid, or based upon the exercise or performance or the failure to exercise or perform a discretionary function or duty on the part of a federal agency or an employee of the Government, whether or not the discretion involved be abused.”  Application of the discretionary function exception can be complex.  At its core, though, the discretionary function applies (meaning the government cannot be sued) when a government employee is exercising permissible policy judgment. Stated differently, the exception does not apply when there is a violation of a mandatory policy. See United States v. Gaubert, 499 U.S. 315, 322-325 (1991).

The discretionary function exception along with several others can be difficult to analyze and tricky to navigate.  If you have been injured in an accident with a USPS employee, you need an attorney that understands the unique requirements for bringing claims under the Federal Tort Claims Act.

If you need help with a potential FTCA claim, call us today at (901) 372-5003 for a free consultation.

Tow Truck Driver Shot at Eden at Watersedge Apartments and Townhomes in Memphis, TN

Tow Truck Driver Shot at Eden at Watersedge Apartments and Townhomes in Memphis, TN

Crime at Memphis apartment complexes continues.

Just this morning, a tow truck driver was shot in the head through the window of his truck at the Eden at Watersedge Apartments and Townhomes near Fox Meadows on South Mendenhall Road. According to the news we’re reading, witnesses heard four gunshots ring out before calling 911. When police arrived, they found the driver inside of the tow truck unconscious. Officers had to break out a window of the truck to get inside. According to WMC Action News 5 in Memphis, the victim was identified as 28-year-old Darrell Adams and he was checking for parking violations at the apartment complex when he was shot.

Does the Victim (Tow Truck Driver, Darrell Adams) have a claim against the apartment complex where he got shot?

Maybe. There are many factors to consider. In Tennessee, apartment complex owners and managers must take reasonable measures to protect tenants and guests from foreseeable criminal attacks. Whether Mr. Adams would be able to recover against the Edens at Watersedge depends on a number of factors, including, but not limited to, the facts of how the incident occurred, security measures provided at the apartment complex, and crime levels for the apartment complex and surrounding neighborhood.

Are you the victim of an apartment crime or apartment shooting? If so, call the apartment crime lawyer Memphis,TN knows and respects.

If you are the victim of a serious injury due to apartment crime, please call Patterson Bray today at 901-372-5003. We’ve helped other crime victims like you, and we can help YOU recover your damages if apartment management failed to take reasonable measures to protect against foreseeable criminal attacks. Patterson Bray is an apartment crime lawyer Memphis, TN  knows and trusts. We will meet or speak with you and discuss whether you might have a case at no charge.  Call us today.

Top 10 Social Media Tips for Personal Injury Victims From Personal Injury Lawyer Memphis, TN Counts On!

Tips for Personal Injury Victims From Patterson Bray

It seems that everyone is on Facebook or some other type of social media these days. Many people are even addicted to it. If you have a Memphis, TN car wreck or personal injury claim, you should carefully consider the impact your social media posts could have on your case and the ultimate settlement or verdict you receive.  As an experienced personal injury lawyer Memphis TN knows and trusts, I can tell you that insurance companies and defense attorneys, as part of their evaluation of you and your case, perform social media account investigation. They will pull up your Facebook, Instagram, Twitter, and other social media accounts to see if they can gather useful information about you, your activities, and the extent of your injuries.  We at Patterson Bray put together the following social media tips for personal injury victims.

Personal Injury Social Media Tips

  1. Archive the content of current accounts. Destruction of potential evidence may create bigger problems than the information itself, so it is important that you do not delete any current content on your social media accounts.  Most social media sites include directions for archiving.

 

  1. Ideally, stop active use of social media. Consider stopping active use of social media altogether. Use it purely for passively looking at content posted by others, and do not post content of your own.

 

  1. At a minimum, be cautious. If you must post information about yourself, think about how posts might be perceived, especially when taken out of context. For example, posting photos of you on a camping trip may leave the false impression that you participate in vigorous physical activity without difficulty or pain.  Social media almost never provides a complete and accurate depiction of life since most people tend to post only the most positive or glamorous aspects of their lives.  You must assume that anything you post – including status updates, messages, and wall postings – will at some point be seen by the other lawyers, judges, and juries. NEVER post information that may relate to your injury claim, even indirectly.

 

  1. Disclose potential problems to a personal injury lawyer Memphis TN counts on. You may have already made potentially problematic posts before reading this. Remember, though, that you should not destroy or delete any information from your social media accounts.  However, do let your personal injury lawyer know so that he or she can avoid any surprises down the road.

 

  1. Turn on the highest privacy settings. Set your privacy settings to the highest level.  Make sure that only friends can see your information, rather than friends of friends, or the general public.

 

  1. Be aware of “friends.” Create “friend lists” so that only certain friends can see your photo albums or status updates.  Remove any “friends” you do not know well, or at all, and accept friend requests and followers only from people you know and trust.  

 

  1. Make yourself invisible to searches. As learned by a personal injury lawyer Memphis TN knows and relies on, you can remove yourself from Facebook search results by selecting “only friends” under the “search visibility” option in your profile settings.  You can also remove yourself from Google in Memphis TN by unchecking the box for “Public Search Listing” in your Internet Privacy settings. You should make comparable changes to privacy settings on all other social media accounts.

 

  1. Preserve all computers, tablets, and cell phones. If you lose or destroy an electronic communication device, the lawyer on the other side could try to portray it as deliberate destruction of evidence.  It is better to fight a battle over access to a device than to have a judge instruct a jury that it may legally assume and conclude the contents of the device would have been unfavorable to you.

 

  1. Don’t send messages or information about your case. Do not send to anyone, except for your lawyers and their staff, any email, text message, or “private” social media message about your claim, health, or activities. Those communications are not privileged and opposing counsel may be allowed to review any and all such communications.  Careless communication can destroy a case.

 

  1. Don’t join websites or web chat groups. You do not own the information you post online, and that information is highly searchable.  Do not enter any information on dating or insurance sites, post on message boards, participate in or comment on social media “private” groups or blogs, or use chat rooms.

Social Media in Other Types of Cases and Claims

These tips are useful if you are involved in any type of litigation or claim, such as apartment crime, negligent security, insurance claim, contract disputes, business litigation, car or auto accident, or premises liability.

Need a personal injury lawyer Memphis TN trusts?

Call us at Patterson Bray  today at (901) 372-5003 or email us here.  Let us put our experience as negotiators, litigators, and trial lawyers to work for you.

Misinformation about malpractice litigation in Tennessee

Misinformation about malpractice litigation in Tennessee

Our friend John Day posted an informative blog post about Misinformation About Malpractice Litigation in Tennessee. John points out:

[an article] purports to list the number of filings per state per 100,000 residents and ranks Tennesseans as the 5th highest filers of malpractice lawsuits – at the rate of 33 per 100,000 people.  That would mean that Tennesseans file about 2145 such lawsuits per year (we have a little over 6,500,000 people living here).

But that number is wrong.  Information compiled by Tennessee’s Administrative Office of the Courts demonstrates that there were 374 medical malpractice suits filed in 2013-2014 and 356 suits filed in 2014-2015. (Data is kept on a July 1 – June 30 fiscal year; 2015-2016 data is not yet publicly available). My guess is that the number of suits filed in all of 2015 was down from what it was in fiscal year 2014-2015, but even assuming that it was the same (356), the rate of filed suits was less than 5.5 per 100,000.  That simply didn’t happen.

Lesson: Don’t believe everything that you read.  Some people would like for you to believe that Tennessee residents are “lawsuit happy” and that there are tons of frivolous lawsuits filed against our physicians. And it’s not true.

Need a lawyer in Memphis? We’ve got the perfect one for you.

Patterson Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, Tennessee 38018

(901) 372-5003 Office

(901) 383-6599 Fax

www.pattersonbray.com

Mall Security in Memphis- Oak Court Mall and Wolfchase Mall Incidents

Malls in Memphis Should Add Private Security, Says Memphis Police Director Rallings

Do you ever shop at shopping malls in Memphis?

According to the Commercial Appeal, Memphis Police Director, Michael Rallings, said that malls in Memphis depend too much on the short-staffed Memphis Police Department and should instead add private security. Director Rallings also issued this warning to parents who drop off unsupervised children and teenagers to roam about at malls: “It’s not our job to raise your children. That’s your job.”

Our firm handles negligent security cases, and what Director Rallings speaks of is absolutely in line with what Tennessee law requires of commercial property owners. In our state, a commercial property owner, like a store or shopping mall, must provide reasonable security to its customers. What is reasonable? That’s ultimately up to a jury to decide after hearing evidence about crime history, neighborhood statistics, etc., but it sure sounds like Director Rallings believes that Memphis shopping malls can and should provide better security that what presently exists.  For the sake of the citizens of Memphis, we hope area shopping malls heed Director Rallings’ recommendation to increase security levels.

Crime Victim Lawyers

We represent victims of crime in the civil court system, because remedies in criminal court do not adequately compensate the crime victim. We may be able to help a crime victim recover compensation for injuries and financial losses due to the failure of a business, shopping mall, store, or apartment complex to provide reasonable security measures in accordance with Tennessee law.  If you or someone you know needs our help, please call us today at 901-372-5003.

Patterson Bray PLLC

8001 Centerview Parkway, Suite 103

Memphis, TN  38018

Phone: (901) 372-5003

www.pattersonbray.com

More Resources for Crime Victims

Visit our Crime Victim page here.

View our previous BLOG POSTS about negligent security cases below:

Cordova Apartment Shootings: Was there security?

Apartment Managers Can’t Turn a Blind Eye to Crime

Windgood Manor Apartment Shootings in Memphis

Deadly Shooting at Madison Cypress Lakes in Memphis

Apartment Complex Crime- Memphis Attorneys