Cordova, TN Apartment Shootings: Was there security?

style=”text-align: justify;”>Violent crime isn’t limited to urban centers, or run-down properties. Areas in eastern Shelby County, including Cordova, TN are experiencing violent crime, often at what many people would consider to be luxury apartment complexes.

Earlier this month, 18 year old  Eddie McDonald was shot and killed at the Country Squire Apartments in Cordova, TN.

And just this week, a man was shot and killed at the Appling Lakes Apartments in Cordova, TN, while two others were injured by gunfire. The Commercial Appeal reports that the Appling Lakes shooting was the 19th murder in unincorporated Shelby County in 2016–the highest number of homicides ever recorded.

Did you know that apartment owners must provide reasonable security?

In Tennessee, apartment owners are generally required to provide reasonable security measure to tenants and guests of the property. What is “reasonable?” It depends on the circumstances, such as the type of crime committed against a victim and the history of crime on the property and in the surrounding neighborhood.

Every single apartment shooting case is different. We can’t help but wonder if in the … Read the rest

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“Apartment Managers Can’t Turn a Blind Eye to Crime,” says Apartment Crime Lawyer Memphis,TN Knows and Trusts.

As an apartment crime lawyer Memphis, TN  knows and trusts, I can tell you that in Tennessee, the law requires property owners to take reasonable measures to protect their tenants and guests from foreseeable criminal attacks.  Many apartment managers and owners fail to do this, and in some cases, innocent people living in or visiting apartment complexes or communities are injured as a result.

What is a foreseeable crime?

Tennessee case law states that the degree of foreseeability needed to establish a duty by an apartment owner to protect against criminal acts will almost always require that prior instances of crime have occurred on or in the immediate vicinity of the property. Courts will consider the location, nature, and extent of previous criminal activities and their similarity, proximity, or other relationship to the crime that resulted in personal injuries to an innocent victim.

Assessing Crime at an Apartment Complex

So, what is a property owner or apartment manager in Memphis TN supposed to do? The owner or manager can start by assessing the level of crime within the apartment complex … Read the rest

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2 Dead in Apartment Shooting at Wingood Manor Apartments in Memphis

Well, it happened AGAIN.  There was an apartment shooting at Wingood Manor Apartments this past weekend.

According to news reports, yet another apartment shooting occurred in Memphis over the weekend that left 2 young fathers dead: Irving Guy and Joshua Irby.

Of course, not all crime can be prevented, and not all crime that occurs at an apartment complex is the fault of the property owner.  However, we represent crime victims and their families, and in prosecuting civil cases against apartment complexes for wrongful death and money damages, we often find that large, out of town owners fail to employ reasonable security measures that could have prevented innocent people from becoming victims of violent crime.

 Read about one of our recent Memphis Apartment Shooting cases here.

  • If you or someone you know has been injured or killed at an apartment complex in Memphis, call Patterson Bray for help at (901) 372-5003. We are lawyers for apartment crime victims and their families.
  • Visit our page on Apartment Crime Law.  Sign up for our blog posts here.
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Deadly shooting at Madison Cypress Lakes apartment complex

UPDATED on 08/08/2016:  Police have now identified the victim as Monique Brown, who is the mother of a young child.

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A deadly shooting at Madison Cypress Lakes apartment complex in Memphis, Tennessee.

According to news reports, a young woman was shot and killed in a shooting at the Madison at Cypress Lakes apartment complex.  What makes this shooting especially tragic is that this is hardly the first time the Madison apartment complex has been the scene of senseless violence.  According to News Channel 5, it’s the third incident just this year in which their news crew has reported on a serious criminal incident at the complex.

 History of Crime at the Apartment Complex

Another story reports that “[t]he complex has a history of violent crimes.”  The story also reports that:

In June 2013, a pizza delivery driver was shot during an armed robbery at the complex. In March 2014, one person was shot during another armed robbery. Two months later, in May 2014, a man was stabbed several times by two men during an attempted robbery. Earlier this

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Injuries to Trespassing Children

Attractive Nuisance Doctrine

In most states, there are special rules addressing injuries to trespassing children.  In Tennessee, for example, there is the “attractive nuisance doctrine,” recently codified in Tenn. Code. Ann. 29-34-208.

In summary, that doctrine holds that a land owner or possessor is liable for injuries to children who trespass if all of the following elements are present:

(1) The owner maintained a dangerous condition that was not a natural condition and knew or should have known that the condition posed a risk of death or serious bodily harm to trespassing kids;

(2) The owner knew or should have known children were likely to trespass onto the property, either because they would be lured there by the dangerous condition or because children regularly play on the property;

(3) The dangerous condition was not apparent, or children, because of their youth, would be unlikely to discover and comprehend the risk;

(4) The usefulness to the owner of maintaining the dangerous condition and the burden of eliminating the danger were significantly outweighed by the risk of harm to kids who would … Read the rest

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Wrongful Death of a Child

 

Info From Patterson Bray About the Wrongful Death of a Child

No one should have to ever think about the wrongful death of a child. As a mother of two young children, I can’t think of anything more unbearable than the loss of a child. But according to the American Association for Marriage and Family Therapy, over 57,000 children under the age of 19 die every year in the United States.

Our law firm represents parents who have lost a child due to the fault of another person or company. The legal term for a death caused by someone else’s negligence or wrongdoing is “wrongful death.”

Who can File Suit for Wrongful Death of a Child?

In Tennessee, only certain people have the right to file a lawsuit to recover damages for the wrongful death of a child. As a general matter, the child’s parents can file suit against the responsible party.  If the parents are divorced, special rules apply. Usually, the parent with “primary custody” has the right to file suit. An administrator can also file the lawsuit. … Read the rest

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Does Health Insurance Cover Injuries from a Car Accident?

Health Insurance vs. Car Insurance

Almost every state in this country requires a motor vehicle driver to carry insurance, except for New Hampshire and Virginia. Whenever you need to go to the hospital, you expect to utilize the services you pay for to cover your care. But what happens when you seek medical treatment as a result of a car accident? Does your medical insurance still cover this bill, or do you turn to your car insurance for assistance?

Which Insurance Company Covers the Bills?

This question is really quite detailed, and many factors come into play. In most cases, whoever is at fault is responsible for the medical bills. If someone else hits you and is cited for the accident, it is their insurance that is responsible for paying your medical bills. Now, let us suppose that you are hit by someone who did not have insurance coverage.

Uninsured/Underinsured Motorists

For situations where the at-fault party has little to no coverage, carrying an insurance policy known as uninsured or underinsured motorists coverage can help alleviate the stress of mounting … Read the rest

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Neck Injuries from Slip and Fall Accidents

The Costs of Slip and Fall Accidents

Most of us in our life have at some time slipped and fallen down with no long lasting effects, but a slip and fall accident can potentially result in a serious neck injury. When it can be proven that the cause of a slip and fall accident was due to someone’s negligence, that person or their company can be held liable. This includes the victim’s company if it can be determined that the slip and fall accident was caused by unsafe work conditions. Neck injuries can be serious.

A “simple” slip and fall accident may not have simple consequences. Serious neck injuries can result and wreak havoc on the victim’s long term health and well-being. The associated damages can be high as a result of:

  1. Ambulance transportation from the accident scene to the emergency room.
  2. Examination and x-ray fees plus any additional diagnostic tests.
  3. Medical costs associated with immediate, short and long term treatments.
  4. Physical rehabilitation.
  5. Surgery
  6. Lost wages from the present into the future.
  7. Lost benefits as a result of not being
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Will I have to pay taxes on my settlement?

Will the IRS make me pay taxes on my settlement?

Many of our Memphis and Tennessee injury clients ask – will I have to pay taxes on my settlement for personal injuries?  The general answer is NO.

Here is what the IRS currently says about Settlements and Taxability:

If you receive a settlement for personal physical injuries or physical sickness and did not take an itemized deduction for medical expenses related to the injury or sickness in prior years, the full amount is non-taxable. Do not include the settlement proceeds in your income.

What if I did take an itemized deduction for related medical bills in prior years?

Will I have to pay taxes on my settlement if I did?  You must include in income the part of the settlement that is for medical expenses you deducted in any prior year to the extent the deduction provided a tax benefit. For detailed information on how to report this, we recommend that you speak with your accountant or tax professional.

What about settlements for Emotional Distress or Mental Anguish?

If … Read the rest

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Who is the best lawyer near me?

You may have been hurt in an auto accident or truck accident and wondering:

 

  • Who is the best injury lawyer or best accident lawyer in Memphis, or Nashville?
  • Who is the best injury attorney near me?
  • Who is the best car wreck lawyer in Cordova, or Bartlett, or Germantown?
  • Who is the best car wreck attorney near me?

You may have been injured and Googled those questions, or perhaps others:

  • Who is the best personal injury attorney or wrongful death lawyer in Memphis?
  • Who is the best spinal cord injury lawyer, or brain injury lawyer near me, or in Memphis, or in Tennessee?
  • Who is the best lawyer to negotiate with an insurance company for damages for your injury?

Right question. Wrong answer.

You won’t ever hear any lawyer or attorney at Patterson Bray claim that we are the “best” in Memphis – for a couple of different reasons. First, because there are plenty of fine lawyers and attorneys in the Memphis and Nashville, Tennessee area, including in Cordova, Bartlett, Germantown, Arlington, Millington, Collierville, and Lakeland.  We would seriously … Read the rest

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