5 Tips for Navigating a Negligent Security Claim

1. Assess the Property Owner’s Duty of Care

Understanding the property owner’s duty of care is essential when pursuing a negligent security claim. A personal injury attorney can help you delve into the legal obligations property owners have to ensure the safety of their premises. By knowing what constitutes negligence, you can build a stronger case against the property owner.

A reasonable duty of care for a property owner refers to the legal obligation they have to maintain a safe environment for all those who visit or reside on their property. This responsibility encompasses the timely identification and rectification of potential hazards, ensuring adequate security measures, and providing visitors with appropriate warnings about any potential risks.

If a property owner fails to meet this duty of care and someone suffers harm as a result, the property owner can be held accountable through a negligent security claim. The definition of what is ‘reasonable’ can vary depending on the type of property, its location, history of security issues, and other relevant circumstances.

2. Identify Common Security Failures

In personal injury cases related to negligent security, there are several common security failures that are frequently implicated. These failures often revolve around the property owner’s negligence in maintaining a safe environment, which can lead to harmful incidents. Some of the most common security failures include:

• Inadequate Lighting: A lack of proper lighting can lead to accidents and provide cover for criminal activity. It is important for walkways, parking lots, and common areas to be well-lit.
• Lack of Security Personnel: Properties, especially those in high-risk areas, should have adequate security personnel to deter criminal activity and provide assistance if needed.
• Failed Security Systems: Broken or non-functional security cameras, alarms, or locks can severely compromise the safety of a property.
• Lack of Maintenance: This includes things like broken gates, windows, or fences, which can provide easy access to potential intruders.
• Failure to Respond to Security Issues: When property owners do not take action in response to reported or known security issues, they can be held liable for any resulting harm.

3. Prove Causation and Damages

To successfully prove causation and damages in a negligent security personal injury claim, the plaintiff must establish a direct link between the property owner’s negligence and the incurred harm. This requires demonstrating that the harm would not have occurred ‘but for’ the owner’s negligence, often referred to as ‘causation in fact.’

Additionally, it must be proven that the harm was a foreseeable result of the owner’s negligence, known as ‘proximate causation.’ As part of this, any prior incidents of similar security issues, the property’s location, and the nature of the alleged negligence are integral. In terms of damages, detailed documentation of all injuries, medical treatments, and associated costs is crucial. It is often beneficial to include any loss of income due to the injury, the emotional toll, and any necessary future medical treatments.

4. Gather Witness Testimonies and Expert Opinions

In building a strong negligent security claim, the incorporation of expert opinions and witness testimonies can significantly bolster its credibility and persuasiveness. These perspectives provide an objective lens through which the court can understand the nuances of the case and assess the true extent of the negligence and resulting damages.

Here are some ways these expert opinions and testimonies can enrich your claim:

• Corroboration of Facts: Witness testimonies can corroborate the facts of the incident, providing a firsthand account of what transpired. This can substantiate the claim and fill in any gaps in the narrative.
• Technical Insights: Expert opinions from security specialists can shed light on the technicalities of security standards, illuminating how and where the defendant fell short.
• Medical Evaluation: Medical professionals are key in detailing the physical harm suffered by the plaintiff. They can offer insights into the necessity and cost of past and future treatments, the severity of the injuries, and how these may impact the plaintiff’s lifestyle.
• Emotional Distress: Mental health professionals can attest to the emotional and psychological impacts of the incident, such as post-traumatic stress disorder or anxiety, which might not be immediately apparent but could be significant in determining damages.
• Financial Impact: Economists or financial experts can provide a detailed breakdown of the financial impact of the injury on the plaintiff, including missed work, reduced earning capacity, or other indirect costs associated with the incident.

5. Navigate the Legal Process

Engaging the services of a seasoned personal injury attorney can significantly streamline the complex legal process involved in negligent security claims. These professionals possess a comprehensive understanding of the legal landscape, helping you navigate through intricate laws and regulations. They meticulously gather and analyze evidence, ensuring every detail is accounted for when substantiating your claim.

Furthermore, their negotiation skills are invaluable when seeking a fair settlement, offering you the best chance for a favorable outcome. Ultimately, a personal injury attorney acts as your advocate, tirelessly working to hold negligent parties accountable and seeking the compensation you deserve.

At Davis Injury Firm, we handle negligent security claims in Atlanta, GA. Our experienced attorney is dedicated to fighting for justice on behalf of our clients. Contact us today at (404) 593-2620 to schedule a consultation and learn how we can assist you in holding property owners accountable for their negligence.

This may seem like a straightforward criminal case. But say the police discover that this is the third mugging in a month at this store. Who is liable for your attack?

What is Negligent Security?

Negligent security is a type of premises liability. It is a failure to keep people safe from violence in a public space. You may also hear it referred to as “inadequate security” or “security negligence.”

If you are the victim of a violent crime in a public area, the property owner can be held responsible for the attack if they did not meet public safety standards.

Visitors to public spaces have an expectation of security. Whether you are at a shopping mall, a stadium, a nightclub, or a park, you should be protected from harm. The owners of these properties are required to secure these premises and keep their visitors safe.

In the grocery store case, the owners should have been aware of a recurring security problem. If they took no action to protect their customers from future muggings, they could be found guilty of negligent security.

Other examples could be:

• A mugging on a subway train
• A shooting in a shopping mall
• A sexual assault in a parking garage
• A stabbing in a park
• An assault in an apartment complex

If the property owner (or the tenant who leases the space, as with a club or store) did not secure their premises or have public safety measures in place, they could be held responsible for negligent security.

Negligent security cases allow the victim of a crime to seek damages from the owner of the property where the attack occurred. These lawsuits are filed against property owners and not the perpetrator of the attack.

If a property owner knows about the likelihood of dangerous criminal attacks on its property, it could be held responsible for the criminal act.

What Safety Measures Are Atlanta Public Properties Expected to Provide?

Businesses are required to maintain their properties and keep visitors safe. Places with high foot traffic should hire security staff, install cameras, fencing, security gates, and make sure emergency exits are properly marked.

However, some public spaces fall short of this standard. Examples of negligent behavior include:

• Failure to provide security monitoring equipment (like cameras)
• Failure to train security staff
• Failure to provide adequate lighting that would deter a criminal act
• Failure to properly mark exits
• Failure to provide security patrol
• Failure to have security gates or secured access
• Failure to warn guests and visitors about dangerous criminal activity in and around the property

What Are Some Examples of Negligent Security Cases?

If your apartment complex has security gates, they should be in proper working order. Imagine the gates break, and the leasing company does not have them fixed. Then, you are assaulted outside your apartment. The complex owners could be held liable for your damages.

Or say a series of threats have been made against a shopping mall. Mall management does not hire additional security, and lessees are not made aware of the threats. A shooting occurs at the mall, and three people are killed. The families of the victims could bring a negligent security case against the mall owners.

Perhaps you were mugged in a dimly-lit parking garage. If your lawyer discovers that similar attacks took place in the same spot, and the attacker always used the poor lighting to conceal themselves, they could be held responsible for your assault.

How Do You Prove a Negligent Security Case in Atlanta?

To win a negligent security case, it must be proven that the attack would not have occurred or would have been less severe if the property owners (or tenant responsible for the space) had taken reasonable security measures.

There is a myriad of factors that go into these cases. For example, could the business foresee a crime taking place on their property, and would reasonable action have prevented that crime?

In Georgia, this statute reads:

“Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

In laymen’s terms, anytime a property owner invites others to their space, they are liable for injuries caused if they did not take action to keep those invited safe.

To win a negligent security case, you (the plaintiff) must prove that the owner of the property (the defendant) where you were attacked did not take reasonable actions to protect their visitors.

You will have to prove the defendant:

• Was responsible for the safety of those on their property
• Knew (or should have known) that conditions on the property could lead to a dangerous situation
• Failed to take steps to mitigate injury, harm, or attack
• You suffered damages directly due to their negligence

Negligent security cases are civil cases, but they are usually related to a crime. If the property owner is found to be negligent, a criminal case could also be brought against them.

What “Damages” Could a Business Be Found Liable For?

In a legal sense, damages are “[monetary] compensation for loss or injury caused by the wrongful act of another.” The aim of most civil cases is to recover damages for the plaintiff.

In Georgia, there are three main categories that damages can fall under. These are:

• Special Damages – compensation for losses that can be quantified with a specific amount of money, including:
• Medical expenses
• Property damage
• Lost wages
• General Damages: compensation for losses that cannot be quantified with a specific amount of money, including:
• Pain and suffering
• Mental anguish
• Punitive Damages: compensation for losses due to “willful, wanton or malicious misconduct.” Punitive damages exist as a punishment and are intended to deter specific behavior. These are only awarded in special circumstances, like drunk driving cases.

It is difficult to determine how much compensation you could be owed since the facts in every case vary widely. Generally, the worse an injury, the greater your awarded damages will be.

Under Georgia law, there is no cap on the amount of damages you can be awarded. The state Supreme Court ruled that damage caps were unconstitutional in 2010.

Why Do I Need An Atlanta Lawyer to Help With My Case?

It may seem like your negligent security case is straightforward, and you may consider representing yourself to save money. However, these cases can be challenging to prove, and it is always better to have a legal expert working on your case.

Remember, the plaintiff in a case is responsible for proving the defendant acted negligently. The defendant (in this case, the property owner) is presumed innocent until evidence is presented that confirms their disregard.

Cases of negligent security are often complicated. Proving liability is an onerous task. For example, a landlord hires a superintendent to live in an apartment building and make repairs on the property. The

building’s back door has a broken lock. A tenant reports the broken lock to the landlord by email, but she does not mention it to the super. The next week, her ex-boyfriend sneaks-in through the broken door and assaults the tenant. Who is liable, the landlord or the super?

Your lawyer will gather evidence, including witness statements, police reports, medical records, and statements from expert witnesses. Perhaps most importantly, they will do all of this for you so that you can focus on your recovery.

Davis Injury Firm is experienced in litigating negligent security cases, and we understand the burden of proof that is necessary to win.

Additionally, depending on where your attack took place, the defense could have the resources to hire a high-powered legal team. Chain stores and restaurants, sports stadiums, apartment complexes, and leasing companies often have robust legal teams that work around the clock to defeat lawsuits.

To win such cases, it is imperative that you are also represented by an attorney. At Davis Injury Firm, we work closely with our clients and keep you informed throughout the process. We are your advocates as you seek justice.

You Deserve to Be Heard

If you were the victim of a violent crime and believe the property owners were negligent, contact Davis Injury Firm today. Our team is dedicated to achieving justice for victims of violent crime in Georgia and aggressively pursuing negligent parties.

You should not have to shoulder the cost of a crime that was committed against you.

Call Davis Injury Firm right now at (404) 593-2620 – you don’t pay until we win.