Negligent Security

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Negligent Security Lawyers Serving Atlanta

What is Security Negligence?

Breaching the duty of care would include failure to provide adequate lighting in a dark stairwell in an apartment complex. The injury caused by negligence security can arise from rape, battery, assault, robbery, or even death. Should a resident be sexually assaulted in the stairwell, the resident would be able to prove that the landowner breached his or her duty to keep the premises reasonably safe. 

The plaintiff needs to show that the breach caused his or her injuries. In this example, the victim would need to show that the landowner’s failure to make the staircase reasonably safe resulted in the sexual assault. Finally, the victim needs to prove that he or she suffered physical injuries due to the breach.

In Georgia, both residential and commercial landowners and tenants can be sued for negligent security. Whether you become injured at someone’s private residence, a retail store, a business location, or another commercial property, we recommend discussing your case with an experienced lawyer. Attorney James R. Rice has extensive knowledge of Georgia’s negligent security laws and can help you understand your rights and the best way to proceed to obtain compensation.

Can I Sue for Lack of Security?

Yes, if a lack of security caused your injuries, you have a right to bring a lawsuit against the property owner or manager. Negligent security cases are one type of premises liability case. Successful plain toast and premises liability cases are entitled to damages for their injuries, including their medical expenses, lost income, and compensation for their pain and suffering.

What are Some Examples of Negligent Security?

Business and property owners in Georgia are required to have reasonable security measures in place. Doing so will help prevent crime to their customers, residents, and other guests on their property. Many negligent security cases occur when some type of physical assault happens. For example, a customer could be assaulted in the parking lot where there is no visibility.  Alternatively, a customer in a gym could be injured during an armed robbery due to a lack of security measures. Common examples of negligent security include the following:

  • Failure to install are monitor security cameras
  • Failure to respond to an emergency call or security alert
  • Failure to warn visitors about known dangers are risks
  • Failure to maintain adequate lighting and dark areas
  • Failure to provide adequately trained security guards or security patrols
  • Failure to fix broken physical barriers, including gates, locks, fences, and doors
  • Failure to maintain the overall appearance of an establishment

Common Places Where Negligent Security Can Lead to Injuries

Injuries resulting from the negligence of security can occur in nearly any residential or commercial location. Anytime a property owner fails to take reasonable measures to keep visitors and customers safe, an injury can occur. Some of the most common locations at which negligent security incidents occur include the following:

  • Convenience stores and gas stations
  • Apartment complexes and buildings
  • ATMs 
  • Bars, lounges, and nightclubs
  • Movie theaters
  • Recreational areas, including parks
  • Schools
  • Retail stores
  • Parking lots
  • Office buildings
  • Motels and hotels
  • College dormitories
  • Restaurants
  • Shopping centers

Proving Negligent Security in Georgia

Proving a negligent security claim can be challenging. Working with an attorney can help you protect evidence after the accident occurs. Plaintiffs need to prove that the property owner knew or should have known that a crime was foreseeable due to negligent security. Under a legal theory of “constructive knowledge,” the plaintiff needs to show that the property had been the location of similar crimes in the past. 

You may be able to gather evidence showing that the property owner lacked reasonable security measures, such as a failure to use security guards, proper locks, security cameras, adequate lighting, or adequate parking. It is crucial that you begin gathering evidence as soon as possible after the incident. The longer you wait, the more likely witnesses will be to forget details, that video evidence disappears, or that physical evidence becomes challenging to obtain.

Proving the Criminal Act Was Foreseeable

In addition to proving the elements of duty, breach, causation, and damages, the plaintiff must prove that the criminal act in question was foreseeable. Foreseeability means that the owner was put on notice that criminal activity was likely to occur on the premises. As a result, the owner should have taken proper precautions to ensure that people entering the premises are safe. In the following situations, Georgia courts have found that criminal activity should have been foreseeable to a property owner:

  • Substantially similar crimes had previously occurred on the property, and it was foreseeable that similar crimes could occur in the future
  • A volatile situation was emerging on the property, such as fights breaking out or threats being made. This activity should put the property owner on notice that criminal activity is about to occur, and they should abate these activities
  • If the property is in a high-crime area, the owner is presumed to foresee that criminal activity may frequently occur on the property and take necessary precautionary measures to protect visitors and guests

How Long Do I Have to File a Negligent Security Lawsuit?

In Georgia, plaintiffs in personal injury lawsuits, including negligence security lawsuits, only have a limited amount of time to file their claims. As in all other types of premises liability cases, a victim only has two years from the date they become injured to file a premises liability lawsuit. 

Filing a lawsuit can be overwhelming, and it is easy to put it off. However, discussing your case with an attorney as soon as possible can help ensure that you will not be barred from recovery due to the statute of limitations expiring. Your attorney will need time to investigate your case and gather evidence carefully. Discussing your case with an attorney as soon as possible increases your likelihood of success.

Compensation for Injuries After an Attack on Dangerous Property

There are two main types of damages available in Georgia negligent security cases. Special damages are those that have actual dollar values, including current and future medical expenses, lost income, prescription costs, property damage, and other easily calculated losses. General damages are more difficult to quantify. These damages include compensation for pain and suffering, loss of enjoyment of life, and disfigurement.

How Much is My Negligent Security Case Worth?

The value of negligent security cases depends on multiple factors, including the severity of the injury and the defendant’s liability. When a victim’s injuries are permanent, painful, and require ongoing medical care, the plaintiff’s case will be more valuable. 

Discussing your case with an experienced premises liability attorney can help you understand an estimate of your case’s value. Attorney James Rice has the resources, professional network, and experience necessary to carefully evaluate all of your past, current, and future expenses. He will fight for you to obtain the full amount of compensation you deserve for your injuries. 

Call Our Team of Atlanta Negligent Security Lawyers Today

If you or a loved one have been the victim of negligent security, our team can help. Call James A. Rice, Jr., PC today for a free case evaluation and strategy session to get started on getting justice for you and your family!

Mr. Rice, treated me and my case as if he was dealing with a “colleague” from the moment we met until the end of my case. I’m not a lawyer, nor in anyway, connected professionally to the law field. By “Colleague” I mean “Man, Husband, and Father” with all the responsibilities which correspond to the profession. He told me exactly what to expect with my case. His strategy and timeline to meet those expectations and what he would require of me to bring it all together in my best interest. Straight shooter, who got me back to the profession I love most in this world! Great lawyer who I’m proud to recommend to anyone needing his services.

R. C., Naval Submarine Veteran

$42.750,000.00

Verdict against major retailer involving shooting of client resulting in $700,000.00 in medical bills.

$2,200,000.00

Resulting from motor vehicle collision.

$1,500,000.00

Motor vehicle accident involving DUI. Policy limits recovery.

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