If you or a loved one has been victim of a criminal attack due to the negligence of a property or business owner, then you should contact a qualified attorney who can help you determine whether you have a viable negligent security claim. The harsh reality is that security failures by property or business owners can lead to serious crimes such as robbery, shooting, stabbing, assault, rape, and even murder. Marietta premises liability lawyer Norman Miller can help you seek the financial compensation you deserve for your injuries.
Negligent security liability arises when a landowner breaches his duty to provide a reasonably safe environment for guests, patrons, or tenants. Typically, negligent security liability cases arise in places like parking garages, shopping malls, apartment complexes, airports, daycares, hospitals, sports venues, bars, restaurants, public transit systems, college campuses, and other businesses that have spaces in which crime could easily occur.
For example, in a neighborhood with high crime rates, the landowner of an apartment complex should be vigilant in installing an adequate lock on each apartment. If the landowner does not install a functioning lock and the tenant is harmed as a result of a third party’s criminal actions, then the tenant may have a claim against the landlord. The rationale is that the nature of the criminal conduct was foreseeable, and thus the landlord should have taken reasonable measures to prevent it. Under the negligent security theory, there is an assumption that landowners have an obligation to protect their invitees from foreseeable criminal acts.
The type of security measures a landowner should take depend on the type of property or business he is maintaining. While a landowner cannot prevent all types of crime that occur on the property, the landowner is expected to take reasonable measures to secure the premises such as installing a security camera, hiring a security guard, provide ample lighting, and any other security measures that may be appropriate given the type of property and its location.Reasons for Negligent Security Claims
Other claims of negligent security may arise due to the following:
- Insufficient lighting
- Insufficient fences or gates
- Unsatisfactory locks
- Faulty windows
- Inadequate security system
- Security guard carelessness or negligence
In order to prevail in a negligent security claim in Georgia, the plaintiff must prove the following four elements:
- The victim was a tenant, patron, customer, employee, or other authorized guest invited to be at the property at the time of the crime;
- The landowner owed the victim a legal duty to exercise reasonable care to ensure the premises were safe and secure;
- The landowner negligently failed to fulfill his legal duty to keep the premises safe and secure;
- The victim would not have been injured, or would not have been injured to the extent that they were, had the landowner provided adequate security for the premises.
Negligent security cases are complex and often require prompt investigation. If you think you may have a claim, Marietta negligent security attorney Norman Miller can help you by providing you with the legal representation you deserve. We are committed to holding negligent property owners accountable and helping victims obtain justice for their injuries. Call us at 770-284-3727 or contact us online for a free, no obligation consultation today.