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A Guide to the Four Elements of Negligence

Most personal injury claims are brought based on negligence. The plaintiff who sues the defendant must prove that the defendant acted negligently by failing to use reasonable care under the circumstances. To have grounds for a personal injury lawsuit, you will need to prove the four distinct elements with supporting evidence. We will take a look at each of these elements to understand what it takes to build a strong personal injury claim.

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What is the Difference Between Civil Negligence and Criminal Negligence?

If you have been seriously injured in an accident, you may have heard the term ‘negligence.’ To obtain compensation from the person or company who caused your injuries, you will need to show that they acted negligently. Negligence means failure to use reasonable care under the circumstances. There is a difference between criminal and civil negligence. 

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What is the Difference Between Ordinary Negligence and Gross Negligence?

If you are planning on filing a personal injury lawsuit, you will need to prove that the defendant acted negligently. The legal theory of negligence is important in personal injury lawsuits. There are several elements you will need to prove to show negligence. A personal injury attorney will gather evidence showing clear and convincing evidence that every element has been met. Two main types of negligence could apply to your case, ordinary negligence and gross negligence. If you are interested in filing a personal injury lawsuit, it is important that you understand the difference between these two legal theories.

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What is Premises Liability Law?

You may not have heard the phrase premises liability, but you are probably familiar with accidents that happened on other people’s property. Slip and fall accidents, dog bite injuries, and swimming pool accidents fall under premises liability law. Property owners have a legal duty to ensure that their property is reasonably safe for their guests and customers. When property owners act negligently and their negligence causes another person’s injury, they may be financially liable. Victims of premises liability accidents have a right to bring a lawsuit against the property owner who caused their injuries in Georgia.

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A Guide to Comparative Negligence in Georgia

If you have been injured in a personal injury accident, such as a car accident or a slip and fall accident, you have the right to pursue compensation. Under Georgia law, a person whose negligence causes another person’s injuries is responsible for paying for costs associated with those injuries. Determining liability is one of the most challenging aspects of succeeding in a personal injury lawsuit. Every state has its laws regarding who is liable in a personal injury accident. Georgia uses the legal doctrine of modified comparative negligence, which we will discuss below.

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Negligent Security Statistics

Georgia property and business owners have a legal duty to keep their property reasonably safe.  In other words, property owners must protect their residents and customers from dangerous conditions that pose an unreasonable risk of harm. When customers or residents become injured due to dangerous conditions on the owner’s property, the victims can bring a negligent security lawsuit against the property owner. An example of a negligent security lawsuit would involve a resident becoming injured due to a sexual assault that could have been prevented had the landowner taking more safety precautions. 

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Can You Sue a Security Company?

Security cameras and security guards are intended to protect people from harm. When security companies or their employees act negligently, innocent people can become injured. If you have been injured by a negligent security company or security guard, you may be wondering about your legal options. How will you recover compensation for your medical bills? How will you pay your other bills when you have had to take time off of work to recover from your injuries? In some instances, you may be able to bring a lawsuit against the negligent security company.

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Examples of Negligent Security in Georgia

Unfortunately, crime is on the rise and Atlanta. Every year in Atlanta, there are tens of thousands of aggravated assaults, burglaries, and robberies. Atlanta property owners have a legal duty to provide adequate security measures for visitors and shoppers. When property owners engage in negligent security practices, their customers and visitors can become seriously injured. If you or your loved ones have become injured in a negligent security case, you may be entitled to compensation. Read more

Five Examples of Negligent Security Lawsuits

Businesses have a legal duty to keep their premises reasonably safe. When business owners, apartment complexes, resorts, or retail locations fail to use reasonably safe security practices, victims have a right to bring a negligent security lawsuit against them. We will discuss five examples of negligent security lawsuits below.

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What is Negligent Security?

Police are searching for a suspect after a victim came forward to report a sexual assault that occurred in the stairwell of her apartment complex. A second victim came forward to report a similar type of sexual assault that happened in the same stairwell. During both assaults, the suspect allegedly lured the apartment complex victims through social media chat rooms. 

The suspect waited until the women were in the stairwell and sexually assaulted them. Unfortunately, sexual assaults that occur in apartment complexes and parking lots are far too common. When a property owner fails to keep visitors and customers safe, the owner may be financially responsible for injuries that result from their negligent security practices.


Property Owners Can be Held Liable for Negligent Security Practices

Under Georgia law, property owners owe people who enter their property a duty of reasonable care. They must keep their guests reasonably safe under the circumstances. Many office buildings, retail locations, and apartment complexes have installed cameras, security systems, lights, and even security personnel to prevent crime from occurring on their property. However, when property owners do not take reasonable steps to make their property safe, and their failure to keep their property safe results in someone becoming injured, the owners can be held liable. Victims of negligent security can bring premises liability lawsuits against the owner of the property.


Examples of Negligent Security

Business owners must have reasonable safety and security measures in place to protect guests and customers who enter their property. Common examples of negligent security include the following:

  • Failing to maintain the appearance of an establishment
  • Failing to fix broken physical barriers to crime, including gates, fences, doors, or locks
  • Failing to provide security guards who are properly trained or a security patrol
  • Failing to provide adequate lighting in dark areas, such as parking lots and stairwells
  • Failing to quickly respond to an emergency call or a security alert on the premises
  • Failing to warn residents or visitors about known dangers and risks
  • Failing to install security cameras
  • Failing to monitor security camera footage properly


Georgia Property Owners Have a Legal Duty to Keep Their Premises Safe

Lawsuits that allege that a landowner or manager fails to provide adequate security, causing the victim’s injuries, are called premises liability lawsuits. The tort of premises liability alleges that the property owner’s negligent security practices led to the guest or residence injuries. Victims of negligent security must prove a specific set of legal elements to obtain compensation from the property owner.

For example, in the case mentioned above, the young women who were assaulted in the apartment stairwell would need to prove certain elements to win a lawsuit against the apartment complex’s owner. They would need to prove that their injuries were caused by the apartment complex owner’s failure to provide adequate security measures. When landowners have reason to believe that their premises are unsafe, they have a duty to take reasonable steps to prevent similar injuries from occurring in the future.


Elements the Plaintiff Must Prove

Plaintiffs must prove several elements to succeed in a negligent security lawsuit. All property owners have a legal responsibility, or duty, to protect visitors who come to their land. However, the specific duty they owe visitors depends on the classification of the visitor. Landowners do not owe trespassers the same type of legal duty that they owe their guests. Georgia law recognizes three different classifications of visitors to an owner’s property. Each of these classifications determine the specific duties owed by the landowner to keep visitors safe. Plain toast and negligent security cases must prove the following elements by a preponderance of the evidence:

  • The plaintiff entered the land with the property owner’s permission. For example, the plaintiff could be a shopper in a retail store, a customer in an office complex, a customer in a bar or restaurant, or a tenant or visitor in an apartment complex.
  • The plaintiff must also prove that he or she became injured due to the owner’s inadequate or negligent security measures. The plaintiff must provide evidence that a negligent security measure was one of the approximate causes of his or her injuries.
  • The plaintiff must also prove that he or she suffered damages from the injuries caused by the owner’s negligent security. The plaintiff will need to provide evidence of any medical costs associated with the injury and how much money the plaintiff lost from missing time at work. A plaintiff can also recover money for the mental anguish that they endure due to the incident. 


Invitees, Licensees, and Trespassers

People who have received an invitation to enter the land are entitled to the owner’s highest duty of care. These types of visors are known as invitees. Landowners must exercise reasonable care and keep their premises safe to protect invitees. The other two classifications of visitors are licensees and trespassers. Landowners must refrain from intentionally or recklessly causing licensees and trespassers harm.

It is rare that landowners intentionally cause a licensee or trespasser intentional harm through negligent security. For this reason, most negligent security lawsuits are brought by people who are classified as invitees. Landowners must use reasonable care to protect invitees from dangerous conditions on their property. They must make sure their property is safe and take reasonable measures to prevent criminal activity from other people.


Contact a Georgia Negligent Security Lawyer Today

If you or your loved one became injured due to a property owner’s negligent security practices, you might be entitled to compensation. Attorney James A. Rice has helped many Georgia clients recover the compensation they deserve for their premises liability injuries. The sooner you speak to an experienced attorney about your case, the better. Contact him today to schedule your free initial consultation and learn how he can fight for your rights. 

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