Property owners have a duty to provide adequate security for everyone invited onto their land whether they are a private homeowner or landowner, or rent the property as a business. If a property owner does not take the necessary steps to adequately secure their premises, which then results in harm to another, that owner may be civilly responsible for those injuries.
If you or a loved one was injured due to a crime that took place on someone else’s property, an Atlanta negligent security lawyer may be able to help you. An accomplished premises liability attorney could conduct independent investigations into the incident, discover evidence of the landowner’s negligence, form demand packages to obtain compensation for your injuries, or take your case all the way to trial if necessary.
Legal Basis for a Negligent Security Claim
Negligent security claims are a form of premises liability claims. Premises liability refers to the area of law that gives all landowners a legal duty to protect visitors to their land from foreseeable harm. However, the extent of this protection depends on why a visitor is on someone else’s land.
Georgia law recognizes three categories of visitors. Each of these categories has its own legal definitions and protections. Most instances of negligent security cases will involve people who are on land with the owner’s permission. These people are called invitees.
Common examples of invitees include:
- Guests invited into a private home
- Shoppers in a mall or grocery store
- Spectators at sporting events
Under O.C.G.A. §51-3-1, landowners must exercise reasonable care in keeping the premises safe for invitees. Whether the steps taken by the landowner are reasonable is a matter for a jury to decide. At times, however, if an injured person can gather evidence to illustrate that a lack of security led to their attack and harm, defendants and their insurance companies may seek a settlement.
Examples of Negligent Security
Once a person can establish their legal rights as a visitor, they must prove that a landowner’s actions, or failures to act, constituted a breach of the reasonable care standard given to invitees which then contributed to their injury. A landowner or property owner may be held civilly liable for any violent crime that occurs on their private property including assaults, kidnappings, theft, robberies, and even death. These are all prominent examples of crimes that may result in a negligent security claim.
Examples of a landowner inadequately securing the premises include:
- Improperly trained security teams
- Lack of adequate lighting
- A lack of call boxes in case of emergency
- Broken or poorly maintained locks allowing access to the public
- Broken or poorly maintained security cameras
An experienced Atlanta negligent security lawyer can evaluate the situation on the property and any landowners’ failure to secure the premises. They can then use this evidence to fight to prove negligence on the part of the property owner.
Consulting an Atlanta Negligent Security Attorney
If you or a loved one was the victim of a crime while visiting another’s property, that property owner may be civilly liable if the owner did not have adequate security in place.
An Atlanta negligent security lawyer could help you better understand your rights under the law and pursue negligent landowners for damages. These damages can include medical costs, lost wages, and compensation for pain and suffering. There is a limited time to file a claim so do not delay, contact a negligent security lawyer in Atlanta today and learn how legal counsel may be able to help you.