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Can You Sue a Security Company?

This article was last updated on Aug. 17th, 2022

Short answer: Yes. In lawsuits where a security a guard has been negligent, it is often the land or property owner employing the security company, and the security company employing the guard, who are both named as defendants. Typically, such lawsuits are under the legal theory of premises liability.

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Landlord Liability And You

Landlord Liability And You

Can my lease prevent me from filing a negligent security case?

Most apartments use standard leases which have provisions that they may use to try to prevent you from filing a lawsuit for landlord liability if your loved one has been sexually assaulted, shot, murdered, etc. These are often referred to as exculpatory clauses. Exculpatory evidence is favorable to the defendant in a criminal trial, which is why landlords prefer them, hoping it will except them from landlord liability claims or lawsuits.

Although the insurance carrier’s lawyer will often use these in an effort to defeat a claim, the Georgia Supreme Court has held that such clauses are unenforceable as they are against public policy.

Negligent Security vs. a Place to Live

We have all rented apartments and know the drill. Typically, there is an inexperienced leasing agent who simply asks you to “check here, check here” through multiple lease documents. It is rare that anyone reads the lease and even rarer that it is explained to you. In fact, most people will say that the leasing agent presses you to simply sign and move forward with the other documents that need to be signed.

So what happens if you have a claim or need a lawyer, but you signed the lease?

First, don’t panic. Any exculpatory clause is likely unenforceable against you, but nonetheless, the insurance carrier may tell you otherwise. Second, speak to an experienced negligent security lawyer who handles cases involving the negligence of an apartment, mall or other business with insufficient security. That lawyer will likely explain to you the likelihood that such clauses are unenforceable.

Do you still have to sign the lease??

That decision will always be yours and certainly whether or not the apartment will allow you to enter into a lease without that specific provision is doubtful. However, an apartment owner cannot abolish their own duty to keep the premises safe through a lease. The landlord has a duty under Georgia law to keep the premises safe for you, or suffer landlord liability. Certainly, we all understand all crime in all places cannot be prevented. However, an apartment and its management company should do everything reasonable to keep it safe for you. Simply putting in a provision in a lease cannot allow them to escape liability!

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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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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