Negligent Security
Property owners have a big responsibility and sometimes they forget that. When you are out and about in parking garages, apartment buildings, shopping centers, hotels, etc. – you deserve to be safe.
If you have been attacked, assaulted, robbed, or injured on someone else’s property, not only do you have the right to recover damages from the attacker in a criminal courtroom, you also may have a valid civil claim against the property owner, security contractors, and personnel, property lessees, business owners, or landlords.
Under the Premises Liability area of Personal Injury law, property owners or those responsible for a residential property, retail locations, or any other type of property are required by Georgia code (O.C.G.A.§51-3-1) to exercise ordinary care in ensuring premises and approaches are safe for guests, employees, customers, and tenants that enter their property.
In a typical Premises Liability case, some think first about the responsibility to protect visitors from falls on poorly maintained walkways, for example. However, it also applies to providing sufficient safety and security measures that don’t leave property guests vulnerable to attacks and other violent acts. Failure to fulfill this duty is called “Negligent Security.”
High-Risk Properties
Violent crimes can happen anywhere proper security might be lacking, inoperable, or does not exist at all. For example:
- Parking Lots and Garages
- Shopping Malls
- Gas Stations
- Hotels
- Public Transportation
- Convenience Stores
- School Campuses
- Laundromats
- Bars/Taverns
- Apartment Complexes
- Banks or ATMs
- Sports and Entertainment Arenas
Proof Points
To prevail in a Negligent Security case, the Plaintiff may be required to demonstrate that security measures were nonexistent, inadequate, inoperable, or ineffective, and that the property owner was or should have been aware of the potential for criminal activity in the area. The general formula for proving a negligence case applies
Duty, Breach of Duty, Damages Caused by Breach
Duty
Proving “Duty” in this formula is relatively straight forward. A Plaintiff must demonstrate that the Defendant owned the property or obligated to manage it, thereby establishing that there was a duty of care owed by the Defendant to provide a safe environment for the Plaintiff.
Breach
To prove a “Breach” in this duty, the Plaintiff must establish that the Defendant failed to demonstrate “ordinary care” and provide sufficient safety and security measures to prevent criminal misconduct. This could be as simple as neglecting to notify a visitor or guest of potential danger, or not providing:
- appropriate lighting
- physical barriers, fences, and gate
- proper locks
- security cameras
- security guards/staff
- emergency call boxes
In a bar, sporting arena, or concert venue, this list might also include failure to remove intoxicated or violent people on the premises, improperly securing property entrances and exits, and not providing adequate crowd-control measures.
Cause
Showing “Cause” can be a bit tricky. This requires establishing that the property owner knew or should have known that there was potential for harm to visitors or guests. This might include the fact that the injury occurred on a high-risk property where similar injuries occurred, that the property is located in a historically high-crime area, that there was a recent increase of crime in the area, or that a threat has been made.
Damages
Finally, the Plaintiff needs to establish that the injuries sustained and damages suffered in the attack were the result of the named Defendant’s negligence.
Negligent Security cases require significant investigation into these factors and a law firm that knows just what to do. At C. Ron Smith Attorney at Law, we will look into the business’s records for previously reported negligence, and dig into public records and media reports of criminal activity on the premises, in the area and involving similar businesses. We also will check with area businesses to request security footage on their property that may have fortuitously caught the attack. We will interview witnesses, and all parties involved, and engage experts if necessary to evaluate the area where the incident occurred to testify on your behalf. We won’t leave any stone unturned.
Victims, We are Here for You!
The estimated number of violent crimes in the U.S. (including rape, robbery, burglary, larceny-theft, motor vehicle theft, arson, and non-negligent manslaughter) dropped by 3.3% in 2018 for the second year in a row with an estimated 1,206,836 incidents, according the FBI’s latest “Crime in the United States” report issued in September, 2019.
These statistics indicating a decline in incidences are good news, but they don’t mean a thing if you are one of the millions of victims of a violent crime whose lives could be forever changed. No one should be injured because of the negligence of a property owner who should have ensured the safe environment they are bound by law to provide. If you were injured or lost a loved one to a violent crime on someone else’s property, you deserve to be compensated, and we are here to help.
Your Safety Matters
When you are out and about in parking garages, apartment buildings, shopping centers, hotels, etc. – you deserve to be safe.
If you have been attacked, assaulted, robbed, or injured on someone else’s property, not only do you have the right to recover damages from the attacker in a criminal courtroom, you also may have a valid civil claim against the property owner, security contractors, and personnel, property lessees, business owners, or landlords.
Under the Premises Liability area of Personal Injury law, property owners or those responsible for a residential property, retail locations, or any other type of property are required by Georgia code (O.C.G.A.§51-3-1) to exercise ordinary care in ensuring premises and approaches are safe for guests, employees, customers, and tenants that enter their property.
In a typical Premises Liability case, some think first about the responsibility to protect visitors from falls on poorly maintained walkways, for example. However, it also applies to providing sufficient safety and security measures that don’t leave property guests vulnerable to attacks and other violent acts. Failure to fulfill this duty is called “Negligent Security.”
High-Risk Properties
Violent crimes can happen anywhere proper security might be lacking, inoperable, or does not exist at all. For example:
- Parking Lots and Garages
- Shopping Malls
- Gas Stations
- Hotels
- Public Transportation
- Convenience Stores
- School Campuses
- Laundromats
- Bars/Taverns
- Apartment Complexes
- Banks or ATMs
- Sports and Entertainment Arenas
Proof Points
To prevail in a Negligent Security case, the Plaintiff may be required to demonstrate that security measures were nonexistent, inadequate, inoperable, or ineffective, and that the property owner was or should have been aware of the potential for criminal activity in the area. The general formula for proving a negligence case applies
Duty, Breach of Duty, Damages Caused by Breach
Duty
Proving “Duty” in this formula is relatively straight forward. A Plaintiff must demonstrate that the Defendant owned the property or obligated to manage it, thereby establishing that there was a duty of care owed by the Defendant to provide a safe environment for the Plaintiff.
Breach
To prove a “Breach” in this duty, the Plaintiff must establish that the Defendant failed to demonstrate “ordinary care” and provide sufficient safety and security measures to prevent criminal misconduct. This could be as simple as neglecting to notify a visitor or guest of potential danger, or not providing:
- appropriate lighting
- physical barriers, fences, and gate
- proper locks
- security cameras
- security guards/staff
- emergency call boxes
In a bar, sporting arena, or concert venue, this list might also include failure to remove intoxicated or violent people on the premises, improperly securing property entrances and exits, and not providing adequate crowd-control measures.
Cause
Showing “Cause” can be a bit tricky. This requires establishing that the property owner knew or should have known that there was potential for harm to visitors or guests. This might include the fact that the injury occurred on a high-risk property where similar injuries occurred, that the property is located in a historically high-crime area, that there was a recent increase of crime in the area, or that a threat has been made.
Damages
Finally, the Plaintiff needs to establish that the injuries sustained and damages suffered in the attack were the result of the named Defendant’s negligence.
Negligent Security cases require significant investigation into these factors and a law firm that knows just what to do. At C. Ron Smith Attorney at Law, we will look into the business’s records for previously reported negligence, and dig into public records and media reports of criminal activity on the premises, in the area and involving similar businesses. We also will check with area businesses to request security footage on their property that may have fortuitously caught the attack. We will interview witnesses, and all parties involved, and engage experts if necessary to evaluate the area where the incident occurred to testify on your behalf. We won’t leave any stone unturned.
Victims, We are Here for You!
The estimated number of violent crimes in the U.S. (including rape, robbery, burglary, larceny-theft, motor vehicle theft, arson, and non-negligent manslaughter) dropped by 3.3% in 2018 for the second year in a row with an estimated 1,206,836 incidents, according the FBI’s latest “Crime in the United States” report issued in September, 2019.
These statistics indicating a decline in incidences are good news, but they don’t mean a thing if you are one of the millions of victims of a violent crime whose lives could be forever changed. No one should be injured because of the negligence of a property owner who should have ensured the safe environment they are bound by law to provide. If you were injured or lost a loved one to a violent crime on someone else’s property, you deserve to be compensated, and we are here to help.