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Negligent Security Claims in Georgia

What are my rights if I am injured by a third party while on someone else’s property?

When we enter a business or rent a home, we expect to be safe from violence by others.  However, countless individuals across Georgia will find this illusion of safety shattered when they are robbed, assaulted, raped, or otherwise attacked on commercial or residential property belonging to someone else.  Georgia business owners have a legal duty to provide adequate security against criminal acts, and the failure to abide by this law may entitle the victim to recover damages for the attack from the property owner under the theory of negligent security.

Negligent Security Cases Can Arise Nearly Anywhere

Negligent security cases are brought by the victims of violent crimes who are harmed on the property of another.  Actions giving rise to negligent security could include a lack of security cameras, failure to provide security guards, inadequate lighting, and broken or missing locks.  Even further, negligent security claims can arise if the employees of commercial property owners or tenants are not adequately trained or fail to follow security policies.

Some of the most common sites for negligent security cases to arise include:

  • Parking lots
  • Bars
  • Apartments
  • Restaurants
  • Schools
  • Hotels
  • Buses
  • Trains

Georgia Negligent Security Law

A negligent security claim in the state of Georgia will rest on the theory of premises liability.  Under premises liability law, property owners have a duty to maintain their property in a safe manner so as to protect invited or lawful guests who enter from dangerous situations.  This duty can extend to providing adequate security in order to protect against foreseeable crimes.

Injured guests will need to establish that the property owner or tenant acted negligently in failing to provide adequate security.  Plaintiffs may provide evidence that the property owner had a reason to anticipate a criminal act on the property.  If the plaintiff can show that similar criminal activity occurred on the premises in the past, the owner will often be deemed to have had knowledge that another such dangerous activity could occur.

Posted in: Negligent Security