All landowners have a responsibility to protect visitors to their land. However, Georgia’s law is clear in stating that the level of protection largely depends on the reason the visitor was on the land.
Determining liability in an Atlanta negligent security case includes evaluating the visitor’s reasons for being on the land in addition to the actions taken by the property owner prior to the incident. A plaintiff in these cases must show that they were allowed to be on the property at the time of the incident and the landowner’s negligent security practices contributed to the assault. A seasoned negligent security attorney could help evaluate claims to determine liability and advocate on behalf of the visitor.
Factors That Could Lead to Injury on Private Property
Even though the landowner may not have invited the assailant onto the land or committed the assault personally, they may still be liable for any injury that results due to negligent security. Factors that can lead to an injury on private property from criminal activity include:
- Poor lighting in walkways, alleys, or restrooms
- Broken locks or entryway security systems
- Non-functioning or non-existent security cameras
- Undertrained or negligent staff
Any of these factors may play a role in allowing an assailant to gain the necessary access to commit their crime. An attorney who is working on determining liability in an Atlanta negligent security case may conduct an independent investigation, examine any relevant police reports, and conduct a thorough discovery of the evidence of premises liability.
What the Plaintiff Must Prove in a Negligent Security Case
When determining liability in an Atlanta negligent security case, a plaintiff must prove that the landowner’s actions failed their duty of care to the invitee. The duty of care refers to a property owner’s duty to take reasonable care to prevent harm. The question of whether the property owner’s security lapses constitute a failure of this duty is a question for the jury.
When a Property Owner’s Actions Count as Negligent Security
Once a person can establish they were invited onto the land, they must provide evidence that a landowner’s lack of care contributed to the incident. This examines any actions taken or not taken by the landowner that may have emboldened or encouraged the criminal. While this may not impart any criminal liability on the landowner, their negligence may make them civilly liable for a person’s injuries.
In short, a landowner must take reasonable steps to keep visitors safe from harm. When the land is a business, this can include providing adequate lighting, employing well-trained staff, and using security cameras. Private landowners do not need to take such aggressive precautions but may be responsible for the actions of invited guests who commit crimes on their property.
Jury’s Role in Negligent Security Cases
Ultimately, the question of whether a property owner’s actions were negligent is a question for a jury. A failure to provide security measures that are an industry standard for a business can be a clear sign. A seasoned lawyer could work to discover all relevant evidence and put it to good use in demanding compensation.
How an Attorney Could Help with Determining Liability in an Atlanta Negligent Case
If you suffered an injury due to criminal acts on another’s land, you need to understand your rights. This involves recognizing your rights as a visitor to another’s property and the obligation of the landowner to keep you safe. When you are legally on someone else’s land and the property owner fails to prevent a crime, they may be civilly liable for your damages.
A lawyer could begin determining liability in an Atlanta negligent security case by investigating the facts of the case. Contact an accomplished attorney now to schedule a consultation.