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.
When a landowner fails to provide adequate security and someone becomes injured, the landowner is financially liable for the injury. Negligent security lawsuits fall into the category of premises liability law. Under Georgia premises liability laws, property owners do their guests and visitors a legal duty to maintain reasonably safe premises. Property owners must fix dangerous conditions or warn their visitors of known dangers or dangers they should have known about on their property. common examples of negligent security practices include the following:
- Failure to hire a trained security guard
- Failure to install a security system or alarm
- Failure to equip parking lots with enough lighting
- Failure to install fencing around a property
- Failure to install locks on certain doors and gates
- Restricting access to keys to the property
- Failure to put up signs at cash register stating that cash registers have less than $50 at all times
- Failure to use a drop safe or similar system to protect highly valuable property
- Failure to regularly inspect the property
- Failure to secure windows
- Failure to clear emergency exits
- Failure to warn visitors about dangers in the area
Negligent Security Injuries Can Happen Anywhere
Serious crime can occur in nearly any location in Atlanta. Determining who is at fault for your injuries is an important first step in filing a personal injury lawsuit. If you have been assaulted on someone else’s property, you may assume that you should bring a lawsuit against the perpetrator. However, you may not be able to track down the perpetrator, or he or she may not have enough assets to cover your injuries. Bringing a lawsuit against the property owner whose negligence caused your injuries may be a better option. Most business owners carry commercial liability insurance, and you can file a compensation claim. Or, you can pursue compensation through a premises liability lawsuit.
Negligent security cases have taken place in all of the following locations:
- Shopping malls
- Gas stations
- Parking lots
- Apartment complexes
- Grocery stores
- Strip malls
- Swimming pools
- City parks
- Other business locations
Types of Injuries Caused by Negligent Security
Under Georgia law, property owners should stay aware of the crime rates and types of crimes that are prevalent in their area. They should take steps to keep their property reasonably safe from criminal acts, such as rape, robbery, battery, and assault. When property owners fail to use reasonable care to protect their guests and visitors, serious injuries can result, especially when the victim is assaulted. Some of the most common injuries caused by negligence security include the following:
- Traumatic brain injuries (TBI)
- Soft tissue damage
- Bone fractures
- Physical impairment
- Mental anguish
Proving a Negligent Security Case
If you have been injured in a negligent security accident, you have the right to file a lawsuit in Georgia. You will need to prove that the property owner’s negligence caused your injuries to obtain compensation. Specifically, you will need to prove the following four elements of a negligence claim:
- The property owner owed you a duty of care: The defendant owed you a legal duty to take reasonable action to protect you from the dangerous condition.
- The property owner breached the duty of care: The defendant knew or should have known about the dangerous condition and failed to provide you with a warning or adequately resolve the dangerous condition as another reasonable person would have understood similar circumstances.
- The breach caused your injuries: You will need to prove a causal connection between the property owner’s breach of care and your injuries. In other words, you will need to show that you wouldn no have been injured had the property owner not breached his or her duty of care.
- You sustained damages: Finally, you will need to prove that you suffered damages because of your injury, such as medical bills, lost wages for missing work, and pain and suffering.
What is My Negligent Security Claim Worth?
One of the first questions our clients ask us is what their claim is worth. It is impossible to predict what a claim is worth because we do not know whether the claim will settle out of court or go to trial. However, after carefully evaluating your claim, we can provide you with an estimate of what your claim may be worth.
We will look at all of your medical expenses and lost wages. When necessary, we work with a team of financial experts who can help us estimate all of the future expenses you will incur due to your injury. For example, if you are no longer able to work because of your injuries, we can calculate the total value of your lost future income, adjusted for inflation. We can also determine how much compensation you should receive for the pain and suffering you have endured because of your injury.
In a personal injury lawsuit, you can pursue compensation for financial losses you suffered due to your injury, including property damage and the cost of installing durable medical equipment in your home. It is wise to keep all of the receipts related to your injuries so we can accurately estimate the value of your claim.
Contact an Atlanta Negligent Security Lawyer Today
If you have been injured in a negligent security accident, we recommend speaking to a personal injury lawyer as soon as possible. The longer your attorney has to research your case and gather evidence, the better. Attorney James A. Rice, PC, has a proven track record of securing millions in compensation. He will help you negotiate your case with the landowner’s insurance company or with the defendant when necessary. Contact him today to schedule your free initial consultation.