Negligent Security: Find an Attorney in Atlanta, GA
The Ross Law Firm – Your trusted Atlanta Negligent Security Attorneys
Understanding Premises Liability & Negligent Security
By law, property owners and occupiers have an obligation to “exercise ordinary care in keeping the premises and approaches safe” (see
O.C.G.A. § 51-3-1). If a property owner fails to exercise such care and a visitor later suffers damages on the premises, then the property owner may be liable to the visitor. This area of negligence law is generally referred to as premises liability, under which the claimant must show that property owner breached its duty of care by failing to equip the premises with adequate security measures.
As with other negligence claims, negligent security cases require the claimant to prove four basic elements:
- The property owner (called the “Defendant”) had a duty to take reasonable precautions in protecting the victim (the “Plaintiff”) from foreseeable risks on the premises;
- The Defendant breached that duty by failing to respond to a foreseeable security risk on the premises;
- A close causal connection can be made between the Plaintiff’s injury and the Defendant property owner’s conduct (called “causation”); and
- The Plaintiff suffered injuries, either physical or mental (called “damages”), as a result.
This specific rule, as seen in cases like Whaley v. Tivoli Props (2011) in Fulton County State Court, illustrates the basic parts of a negligent security case in Georgia. To understand where and how negligent security claims might arise, the table below lists common property locations, security breaches, and resulting damages that may lead to liability against the property owner. If you have been the victim of a crime at any of the following locations, then you should contact an attorney to discuss your potential legal options.
Location
- Apartment complexes
- Condominium associations
- Short-term home rentals and apartment rentals (like Airbnb rentals)
- Hotels
- Shopping malls and retail outlets
- Private parking garages and parking lots
- Gas stations
- Grocery stores
Security Breach
- Poor lighting
- Inadequate locks or faulty doorknobs/handles
- Mismanagement of keys and locks
- Failure to install fences or gates around the premises
- Poor entry/exit gate functionality
- Lack of parking enforcement or oversight
- Lack of security guards or security personnel
- Failure to place warning signs on the premises
- Inadequate security systems, sirens/alarms, or security cameras
Damages
- Assault and battery
- Larceny and theft
- Vandalism
- Armed robbery
- Burglary
- Arson
- Rape
- Murder and homicide
- Mugging
- Kidnapping
Proving Your Negligent Security Case
To win a negligent security case in Georgia, you have to prove that the property owner failed to take action in response to a foreseeable security risk. Foreseeability of the resulting crime is an essential part of proving your case. For example, if an apartment complex has prior notice of a string of break-ins, the law requires that the apartment complex take reasonable preventative measures to keep its residents safe. If the apartment complex fails to exercise such ordinary care in response to a known risk, then the apartment complex has breached its duty of care. This is a common type of fact pattern for negligent security cases in Georgia.
To summarize the rule of foreseeability: the claimant must present “evidence [that] is admissible to show a pattern of prior substantially similar criminal assaults on the premises creating a known dangerous condition for which the owner may be held liable” (Reid v. Augusta-Richmond Coliseum, Court of Appeals of Georgia, 1992). In order to prove this element, your attorney will collect vast amounts of evidence, including witness statements, security footage (if applicable), historical property data, crime data and crime reports, medical records, and other evidentiary findings.
It is important to note that random acts of criminality, in many cases, are not enough to prove a case of negligent security. For example, if a property owner has no prior history of criminal activity on the premises, then a victim’s injury may not be foreseeable. Such an event is called an “independent, intervening criminal act” and is usually not enough to establish liability against the property owner. Still, if you’ve been the victim of a crime, you never know what information the property owner may or may not have about potential crimes; you should always be ready to consult an attorney.
Find Your Atlanta Attorney
When it comes to achieving justice for victims, the attorneys at The Ross Law Firm work tirelessly for their clients. When choosing an attorney for your negligent security case, make sure you select an attorney with the following qualifications:
Sound legal advice is based on years of training, hard work, and passion, as well as familiarity with legislation and precedent and sound consideration. You’ll find all that and more at The Ross Law Firm.
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