MARIETTA NEGLIGENT SECURITY ATTORNEY

Negligent security laws require property owners to take reasonable steps to keep visitors safe from foreseeable crimes. For example, if an area is known for robberies, the property owner might be expected to hire extra security guards or install more lighting. If they fail to do so and someone is robbed on or near their property as a result, they could be held liable for the victim's injuries under negligent security laws.

In order for a property owner to be held liable under these laws, the victim must prove that the property owner was negligent. The typical elements of negligence must be proven, which include the following:

Duty

The first element you must prove is that the property owner had a duty to provide reasonable security measures. The level of security required will depend on the type of property involved. For example, owners of residential properties typically have a lower duty to provide security than owners of commercial properties.

To prove that the property owner had a duty to provide security, you will need to show that crimes like the one you were victimized by have occurred on the property before. You will also need to show that the property owner was aware of these previous crimes.

Breach

The second element you must prove is that the property owner breached their duty to provide reasonable security measures. You can do this by showing that the security measures that were in place were not adequate to deter or prevent the type of crime that occurred. For example, if there was only one security camera in an area with poor lighting, this could be considered a breach of the property owner's duty.

Causation

The third element you must prove is causation. This means that you must show that the property owner's breach of their duty to provide reasonable security measures was the direct cause of your injuries. To do this, you will need evidence like eyewitness testimony, expert witness testimony, crime statistics, video footage from security cameras, or medical records documenting your injuries.

Damages  

The fourth and final element you must prove is damages. This means that you must have suffered some type of harm as a result of the crime. This could include physical injuries, emotional distress, or financial losses like lost wages or medical bills. You will need evidence like medical records or pay stubs to document your damages.

For example, let's say that you're robbed in an alleyway adjacent to a nightclub. The club knew (or should have known) that robberies were common in that area but failed to take any steps to prevent them, such as hiring extra security guards or installing more lighting. In this case, it's possible that the club could be held liable for your injuries under negligent security laws.

These laws apply not only to businesses but also to residential landlords. For instance, imagine that you live in an apartment building that has been plagued by break-ins for months. You repeatedly ask your landlord to install better locks on the doors and windows but they fail to do so. One night, someone breaks into your apartment and assaults you. In this case, your landlord could potentially be held liable for damages under negligent security laws.

You Must Also Prove Foreseeability

Once you establish that the owner was negligent, you also need to prove that the crime was foreseeable. Simply put, did the property owner know or should they have known about the dangerous condition that led to the injury? If so, the owner may be held liable.

Foreseeability is often proven through prior similar incidents on the property. For example, if there have been multiple robberies at a store, the owners should be aware that their security measures are not adequate and take steps to fix the problem. Or if there have been multiple attacks in a park after dark, the city may be on notice that lighting is needed in that area.

Similarly, some establishments are more likely to have certain crimes occur and therefore foreseeability is easier to prove. For example, stores that are open late at night should have more security measures to protect customers, such as video cameras and sufficient lighting. Night clubs are known to have incidents of fights, robberies, and sexual assaults, so there should be security inside and outside of the club to try to deter this. These kinds of crimes are foreseeable.

In some cases, foreseeability can also be proven through expert testimony. An experienced security consultant can assess the property and compare it to industry standards to determine whether the security measures in place were reasonable given the specific risks at that location.

There are many different types of negligent security claims, but some of the more common examples include:

Assaults: Perhaps the most common type of negligent security claim is one for injuries sustained as a result of an assault. This could occur in a number of settings, such as at a bar where bouncers are not properly monitoring patrons, or in an apartment complex where there is inadequate lighting in the parking lot. Whenever someone is assaulted and injured due to another person's actions, there is potential for a negligent security claim.

Break-ins: Break-ins that occur at a rented home or apartment can fall under negligent security laws in some circumstances. If someone in your apartment complex lost a key to the common door and the property manager refuses to rekey the door, they could be liable if someone ends up breaking in because they have access to the complex. Additionally, apartment complexes should always have sufficient lighting and video cameras, as people are often going in and out of their apartments at all hours of the day, including when it is very dark.

Robberies: Like assaults, robberies can occur in a number of different settings. For example, if you are robbed while shopping at a store that does not have adequate security measures in place (such as security cameras or guards), you may have a claim against the store owner.

Wrongful Death: In some cases, injuries sustained due to negligent security can be fatal. When this occurs, surviving family members may be able to bring a wrongful death claim against the responsible party.

In Georgia, the negligent security statute of limitations is two years. This means that if you are a victim of a negligent security crime, you have two years from the date of the incident to file a claim. If you do not file within this time frame, you may be barred from doing so. Two years can sound like a long time, but it passes quickly. If you have been the victim of a crime due to negligent security, it is important to act swiftly. Contact an experienced attorney who can help you understand your rights and protect your interests.

Most negligent security lawyers work on a contingency fee basis. This means that their payment is contingent upon the success of your case. If you don’t get paid, they don’t get paid. If you receive a monetary award through a settlement or at the conclusion of a trial, the attorney will collect their fee from that amount, usually at a rate of between 30 and 40 percent.

If you've been injured as a result of a crime that took place on another person's property, you may be wondering whether or not the property owner can be held liable for your injuries. The answer depends on a variety of factors, including whether the property owner took reasonable steps to prevent crimes from occurring on their premises. To learn more about your legal rights and options after suffering an injury due to someone else's negligence, contact an experienced negligent security lawyer in Marietta today. Morgan & Morgan is here to help. We can discuss your legal options with you and walk you through the next steps. All our attorneys are experienced in handling negligent security claims, and we have been successfully representing clients for more than two decades. Contact Morgan & Morgan today to schedule a free consultation.