Negligent Security Lawyer
There is a lot of crime in every city, and Georgia’s cities are no exception. In Atlanta, in 2015, the Georgia Bureau of Investigations reported that there were 335,672 incidents of crime. This includes 36,292 incidents of violent crime.
In many instances, a criminal does not have substantial resources, and so you cannot collect from the criminal. However, negligent security can provide an avenue for victims of crime, such as victims of shootings or sexual assault, to recover.
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What is negligent security?
Under Georgia law, property owners have a duty to exercise ordinary care to keep their premises safe. This duty extends to criminal acts of other people.
In order to protect customers and people on their property, a business owner is required to take reasonable and necessary steps to prevent foreseeable criminal acts. This includes business owners of an apartment complex, condominium building, hotel, motel, bar, nightclub, movie theater, concert arena, sports stadium, medical clinic, parking garage, office building, and hospital to name a few.
Some basic things that we look for in a negligent security case are the following:
Security Guard
Does the business have a security guard? If so, what are their hours, training, number, and reporting requirements? In many instances, a business needs a trained security professional to deter crime.
Lighting
What type of lighting does the business have? Adequate lighting is key for deterring criminal acts.
Entry Points
Does the business have fencing, gates, proper windows, doors? Are there passcodes required to get in the facility? A business that does not have adequate control of entry make it easier for crimes to take place.
Locks
The type of locks that a business uses are important. This is particularly true in apartment complexes, condominiums, hotels, motels, and high rise buildings. A good lock, which is changed frequently, is essential.
Cameras
Cameras deter crime and are important for preserving evidence. Ensuring that cameras are appropriately placed is important.
Training
Adequate training of employees, background checks, and ensuring poor employees are let go. These are steps that businesses should take.
Alarms
Were there adequate security alarms? An alarm system can be key to stopping violent attacks.
Other measures
Each negligent security case is different. These are just some of the more common features that we analyze.
What do I have to prove to win a negligent security case?
The general elements of a negligent security claim are as follows. First, you must demonstrate that the security was negligent. This will be based on the items outlined above, the presence or lack thereof of a security guard, alarm, gate, fencing, training, investigation, lighting etc.
Second, you must demonstrate that the crime was reasonably foreseeable. Business owners are only responsible for crimes that can reasonably be anticipated on their property. An incident is foreseeable when it is “substantially similar” to prior criminal acts. Substantially similar means that the type of crime, the location of the crime were such that a reasonable property owner would take precautions to prevent the crime. In general, to prove this, a good crime victim lawyer will research the criminal conduct on the premises in question.
Third, the plaintiff must demonstrate that they did not have “equal or superior” knowledge of the potential crime. This means the victim must not have been involved in the criminal act.
Fourth, the plaintiff must demonstrate that the crime was not due to a personal feud. In general, Georgia law does not provide recovery for personal disputes between a person and another which ends in violence..
Fifth, the plaintiff must demonstrate that they did not assume the risk of the crime. Assumption of the risk is a legal term meaning that the injured person understood the risk of the crime and engaged in an activity anyway.
After proving liability, the crime victim must then demonstrate damages and causation of damages. In a shooting or sexual assault/rape case, the damages are clear and obvious, as is the connection.
The business owner will often argue that the criminal is at fault, not the business owner. This is ultimately up to the jury to decide.
Negligent Security FAQ
If I suffer an apartment complex shooting, convenient store shooting, hotel shooting, motel shooting or shooting at another business, do I have a remedy?
You may be able to recovery from the business owner. At our firm, we have experience with negligent security cases. We can help crime victims get the compensation that they deserve.
If I suffer sexual assault or rape at an apartment complex, convenient store, hotel, motel or other business, do I have a remedy?
There is a potential remedy against the property owner. We have recovered millions of dollars as crime victim lawyers in Atlanta. We can provide a free case consultation for you.
Do I have a good case as a crime victim at an apartment complex, convenient store, hotel, motel or other business?
Negligent security cases are complex. In order to know whether or not you have a good claim, a knowledgeable crime victim attorney needs to look at it. At our firm, we know the ins and outs of negligent security law.
What types of businesses are responsible for keeping their property safe?
All businesses in Georgia are responsible for taking reasonable precautions to keep their premises safe from reasonably foreseeable hazards. This includes crimes. Some common types of businesses that defend negligent security cases are apartment complexes, condominium buildings, hotels, motels, bars, nightclubs, movie theaters, concert arenas, sports stadiums, medical clinics, parking garages, office buildings, and hospitals to name a few.
Case Results
We have recovered
millions of dollars
for genuinely injured plaintiffs.
This includes multiple 7 figure recoveries.
Contact an Atlanta Negligent Security Lawyer
We will fight to pursue the maximum compensation available under the law for our clients.