29-year-old Jarvis McNabb was fatally shot in the parking lot of a Zaxby's Wednesday evening, August 7, 2013. Investigators are now questioning security measures at the restaurant after the second assault in less than two weeks.
Smyrna Police Sgt. Dana Pierce reports Mr. McNabb was shot and killed in the Zaxby's parking lot at 8:30pm Wednesday evening. Pierce reports, "Moments after the crime, witnesses reported seeing one male flee on foot and two other males flee onto South Cobb Drive in what was described as a red, compact 4-door car." Mr. McNabb perished from gunshot wounds sustained during the attack.
According to the parent of one Zaxby's employee, the restaurant has "been robbed twice within the last two months." Further, Smyrna police report at least one other assault occurred less than two weeks ago in the South Cobb Drive shopping plaza nearby. This string of crimes, has lead Premises Liability Attorneys at The Murray Law Firm to question whether a serious security breach at the restaurant may have contributed to this tragedy:
- Following the previous robberies and the local July 27 assault, how did the owner and mangement of the Zaxyby's restaurant improve parking lot security for patrons?
- What measures, such as increased police or security patrols, surveillance cameras, emergency call boxes and security lighting were implemented to deter assaults and protect patrons legally on the premises?
- As the Zaxby's restaurant is designed for drive-thru pickup and take-out dining, what security measures were in place at the time of the shooting to ensure customer safety while dining in the parking lot or taking orders to-go?
As the facts of this shooting develop, it may be revealed that the South Cobb Drive Zaxby's failed to employ proper security measures in protecting their customers. Under Georgia premises liability law, restaurant owners and management companies have a duty to keep their properties safe from foreseeable risks to those legally on their premises. If the owner or management have a reason to anticipate that criminal conduct will take place on its property through prior crime in the area, the management must take measures to provide effective security. If the restaurant owner and management fail in this duty, the property may be held liable for any injuries or wrongful deaths that occur.
Given the history of crimes in and in and near the Zaxby's restaurant, the family of Jarvis McNabb may elect to hold the Zaxby's owner and management company civilly liable in his wrongful death. His family may very well be entitled to millions of dollars in compensation for their loss. While financial recovery is of little concern to a grieving family, such a substantial claim would, most importantly, demand all local business owners do their part in making this community a safer place for all residents.
Unfortunately, in incidents such as this, insurance companies and property owners are often more interested in limiting their own financial exposure than giving grieving families what they are rightfully entitled to by law. As such, the McNabb family should retain an experienced premises liability firm without delay to ensure their best interests are protected and all evidence relating to the shooting, such as surveillance video, is preserved. It is crucial that a thorough inspection be performed before any evidence, such as broken lighting, may be repaired.
The Murray Law Firm has extensive experience in protecting victims and families of fatal premises liability cases, such as this. We extend our sincere condolences and prayers to the family of Jarvis McNabb and we offer our legal expertise, if needed.
Anyone seeking further information in the South Cobb Drive Zaxby's Shooting is encouraged to contact our investigative legal team toll free at 888-842-1616 or locally at 404-842-1600.