A proprietor in Fulton County is required to act reasonably to attempt to deter or prevent foreseeable crime on their premises. A landowner must implement adequate security measures in light of what has previously occurred on the premises and what is occurring in the area.
An individual who is hurt as a result of a property’s inadequate security may file a civil claim with an attorney against the owners or operators of the property. If you were recently injured on someone else’s property as a result of a foreseeable crime, you should enlist the help of a Fulton County negligent security lawyer.
What is an Example of Adequate Security?
Adequate security is not just having gates, guards, or lighting. While what is adequate is a nuanced property specific analysis, it is some combination of these various tools that make up a reasonable approach to security.
What is considered reasonable is specific to the property. For example, if there has not been any prior crimes on that premises, then it might be reasonable for the owner to have a very limited security plan.
However, if they have had extensive prior crimes, then it might be unreasonable to not have any gates or guards. What is reasonable is situation-specific, so it is best to have a Fulton County inadequate security attorney looks at your potential case to assess the history of crime on the premises and the level of security provided.
Property Owner’s Duty of Protection from Foreseeable Harm
In Fulton County, a premises owner or manager is not required to guarantee the safety of everyone that comes onto their land or ensure that no crime occurs on their property. Instead, their duty is to act reasonably to prevent foreseeable crime.
Determining whether the property owner or manager acted reasonably based on the circumstances requires examining several factors, such as:
- The nature of the crime problem on the premises and in the area;
- How much crime has taken place on the property or in the area;
- What types of crime there have been; and
- The level of security that currently exists on the premises and in the area.
If a landowner has had several prior violent crimes on their premises, then it is foreseeable that they could have subsequent incidents. They have a duty to act reasonably to attempt to prevent subsequent foreseeable crime. This duty of applies in every negligent security case.
Potentially Liable Parties
Typically, liable parties in an inadequate and negligent security case include the owner of the building or property and the property management company or individual manager. Additionally, the security service who has been hired by the proprietor could also be liable if they failed to appropriately carry out the security services they were hired to perform.
What is the Statute of Limitations for a Negligent Security Case?
The statute of limitations for negligent security cases in Fulton County generally gives potential plaintiffs two years from the date of injury to file a claim in civil court. However, Georgia law extends the two-year filing deadline when there is an associated criminal prosecution.
If there is a shooting and a criminal prosecution, the statute of limitations can be tolled. This means that it can be stayed until the criminal prosecution is complete, which can often take years and may ultimately result in a much longer time-frame for an injured person to file a suit.
Proving Essential Elements
A plaintiff in Fulton County must prove that they were injured due to the premises owner’s inadequate security features. This requires establishing that the crime was foreseeable and that the property owner or manager acted unreasonably in their efforts to deter or prevent an incident. Establishing these essential elements often requires hard work and skill. We offer dedicated legal representation to attempt to ensure that our clients are successful in proving these essential elements in their case.
Call a Fulton County Negligent Security Attorney Today
A landowner who provides little to no security could be in violation of their duty to prevent foreseeable harm from befalling visitors. They are legally obligated to act in a way that is congruent to the nature of the problem they have. If you were the victim of a crime and were significantly injured as a result, we could help you assess the role a premises owner or manager may have played in the injury you suffered.
Very often, the injuries in negligent security cases come with great consequences, and the individual or perpetrator of the crime will likely have no insurance or means to compensate you for your injuries. For this reason, you should consult with a Fulton County negligent security lawyer who can analyze the property owner’s circumstances and behavior to determine whether they were in violation of their duty to protect visitors. Call today to get started.