Managing Partner
Negligent security claims arise when someone is injured or harmed on someone else’s property due to inadequate security measures. In Georgia, property owners have a duty to provide safe environments for visitors, customers, and tenants. When they fail to do so, individuals who suffer injuries may be entitled to compensation. In this blog, we’ll explore how a personal injury attorney can assist you with a negligent security claim and what you need to know if you’ve been a victim of an attack or injury caused by unsafe conditions.
What is Negligent Security?
Negligent security refers to the failure of property owners to implement adequate safety measures to protect people from foreseeable harm. This can include crimes like assault, robbery, or other violent acts that occur on the property. Common examples of negligent security include:
- Poor lighting in parking lots or stairwells.
- Lack of functional security cameras.
- Inadequate or absent security personnel.
- Broken or faulty locks on doors and gates.
When a property owner or manager knows or should know about the risks of criminal activity and doesn’t take steps to protect visitors, they may be held liable for the harm that occurs.
Common Locations Where Negligent Security Occurs
Negligent security claims often arise in areas where people expect a reasonable level of protection. Some of the most common locations include:
- Parking lots and garages: Poor lighting and lack of security make these areas prime targets for crime.
- Apartment complexes: Tenants and guests rely on landlords to maintain secure buildings and entryways.
- Shopping malls and retail stores: Crowded spaces can attract criminal activity, and inadequate security can leave shoppers vulnerable.
- Hotels and motels: Travelers expect hotels to provide a safe environment, but poor security measures can lead to theft or assault.
- Bars and nightclubs: These establishments are often sites of late-night activity where intoxicated patrons may be more vulnerable to attacks.
While negligent security can happen anywhere, certain locations with a history of crime or poor maintenance are especially prone to these incidents.
The Legal Basis for a Negligent Security Claim in Georgia
Negligent security claims fall under premises liability laws in Georgia. These laws require property owners to maintain safe environments for people who legally enter their property. To succeed in a negligent security case, a victim must prove the following elements:
- Duty of care: The property owner had a duty to provide adequate security.
- Breach of duty: The property owner failed to meet that duty.
- Causation: The lack of security directly contributed to the victim’s harm.
- Damages: The victim suffered physical or emotional harm as a result.
The standard for negligent security in Georgia also depends on whether the harm was foreseeable. For instance, if there have been prior crime incidents in the area, property owners should take extra precautions to prevent future harm. Failure to do so can lead to liability for injuries or attacks.
How a Personal Injury Attorney Can Help
A personal injury attorney plays a crucial role in helping victims navigate the complexities of a negligent security claim. Here’s how they can assist you:
Investigating the Incident
One of the first things an attorney will do is conduct a thorough investigation of the incident. This involves:
- Gathering evidence such as security footage, police reports, and witness statements.
- Examining the property’s security history, including any past criminal activity in the area.
- Identifying security lapses, such as broken locks or malfunctioning cameras.
An attorney can show how the property owner’s negligence contributed to the incident by building a solid case.
Establishing Liability
A vital part of any negligent security case is proving that the property owner is liable for the victim’s injuries. Your attorney will:
- Demonstrate that the property owner had a responsibility to maintain adequate security.
- Prove that the harm was foreseeable based on past incidents or conditions on the property.
- Show how the lack of security directly led to the victim’s injuries.
Liability can be complex to establish, but an experienced personal injury attorney will know how to build a compelling case.
Negotiating with Insurance Companies
Insurance companies often try to minimize payouts to victims of negligent security. They may offer lowball settlements or deny claims altogether. Your attorney will:
- Handle all communications with the insurance company.
- Fight for fair compensation that covers medical bills, lost wages, and other damages.
- Prepare for litigation if the insurance company refuses to offer a fair settlement.
Having a lawyer on your side makes you more likely to receive the full compensation you deserve.
Litigating if Necessary
If a settlement cannot be reached, a personal injury attorney will be ready to take your case to court. They will:
- File the necessary paperwork and represent you in court.
- Present evidence to show the property owner’s negligence.
- Argue for compensation in front of a judge or jury.
Litigation can be a long and stressful process, but an attorney will guide you through each step.
Types of Damages You May Be Entitled To
In a negligent security claim, victims may be eligible to recover several types of damages, including:
- Medical expenses: Compensation for current and future medical bills related to your injuries.
- Lost wages: Reimbursement for lost income due to time off work.
- Pain and suffering: Damages for the physical pain and emotional trauma caused by the incident.
- Wrongful death: If a loved one was killed due to negligent security, surviving family members may be able to pursue compensation through a wrongful death claim.
Each case is unique, and the amount of compensation you may receive will depend on the severity of your injuries and the circumstances of the incident.
Protect Your Rights with a Georgia Personal Injury Attorney
Negligent security claims are complex, but a skilled personal injury attorney can help you navigate the legal process and hold negligent property owners accountable. If you’ve been injured due to inadequate security, call attorney Joshua E. Palmer attorney to discuss your options and start building your case today.
