In addition to physical pain and suffering, an assault can leave emotional scars that never fully heal. When an assault takes place due to a property owner’s negligence, that owner should be required to assume responsibility for the consequences.
Property owners generally have a duty to provide adequate security measures to protect those on their premises. If they fail to live up to that duty, those who suffer injuries, as a result, may be entitled to receive compensation for their physical and emotional harm.
An Atlanta assault due to property owner’s negligence lawyer could analyze the facts of your case to determine whether compensation may be available in your situation. A knowledgeable injury attorney could help shift the burden of loss to the responsible party so that you can move forward with your life.
When is an Atlanta Property Owner Responsible for an Assault?
State law requires those who own businesses or property to provide a safe environment for anyone they invite onto their property. People who would be considered invited include patrons of the business, potential patrons, tenants, and their guests.
A safe environment means that there are no hidden hazards that could cause harm. Those hazards could include criminal actions from outside individuals if the property owner failed to take the proper precautions to protect their visitors.
A property owner’s liability for criminal acts committed by third parties over which they have no control is based on a theory of negligent or inadequate security.
The property owner is not required to guarantee the safety of guests and patrons when it comes to all criminal activity, however, they may be held accountable when an assault or other criminal activity is foreseeable on the premises. In other words, if the property owner could have reasonably expected such criminal activity to occur and fails to take adequate measures to visitors, then they may be liable. To learn more about when a property owner could be considered negligent in the event of an assault, it may be beneficial to consult an Atlanta attorney.
What Makes Criminal Activity Foreseeable
There are many situations that could make property owners realize that a criminal act is likely to occur on their property. Perhaps the most obvious is when similar activity occurred previously.
If assaults or other violent actions have taken place nearby, that should also make the property owner aware that such activity may occur on their property as well. Even if the area is not necessarily prone to crime, it does not mean an incident is not foreseeable. For example, if a property has poorly lit parking lots or lacks certain security measures, an assault may be foreseeable.
Compensation for Negligent Security
If it can be proven that a property owner knew dangerous criminal activity was foreseeable and a patron or guest suffers harm due to that activity, the injured guest may be entitled to compensation from the property owner. However, the activity that caused harm to the guest has to have been reasonably foreseeable. This means the property owner knew it could happen or reasonably should have known.
In addition, the property owner must have failed to take adequate action to address the problem. If the owner hired round-the-clock security guards, installed new lighting and fencing, and put in alarms, the court may be less likely to award compensation than if the property owner provided adequate security.
Consult an Atlanta Assault Due to Property Owner’s Negligence Attorney
The property owner may not be liable in every situation where someone is assaulted on their property. But when negligent security enabled the assault of an invited guest, the property owner should share the burden.
If you were attacked on someone else’s property, an Atlanta assault due to property owner’s negligence lawyer could help you recover your losses due to the injury. To learn what may be possible in your case, call now for a consultation.