Did You Know 55% of All Sexual Assault Occurs Near the Victim’s House?
If you’ve been a victim of sexual assault in Atlanta, let us help bring you justice.
If you’ve been a victim of sexual assault in Atlanta, let us help bring you justice.
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.
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.
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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:
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:
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.
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:
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.
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.
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.
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!
We specialize in negligent security and car accidents.
Call us at 404-800-5940 or submit the form below for free consultation.