Negligent Security

What is Negligent Security?

Negligent security falls under premises liability law where property owners fail to keep their premises secure and safe from individuals intending to harm others or commit a crime. This means the property owners then are responsible for the damages caused to visitors due to negligence.

All property owners, both residential and commercial, have a legal obligation to keep their property safe, especially when it is known -or should be known- that the area may be dangerous. Property owners can take steps to protect their visitors and guests from risks of harm with security methods such as:

• Properly operating alarm systems
• Fencing and gating around the premises
• Locks and keypads
• Security guards or 24-hour response teams
• Limited access to property keys
• Adequate lighting at night
• Cameras and devices that keep record of activity

Atlanta and the surrounding area faces a crime rate 118% higher than the national average. Property owners in Henry county, Fayette county, Rockdale county, Clayton county, Fulton county, and other surrounding counties are expected to be aware of the crime activity in their area and provide preventative methods accordingly. When visitors and guests are injured on someone else’s property where security methods failed or did not exist, the consequences are severe.

In addition to knowing the dangerous risks in an area and providing safe security measures, property owners should also disclose if there has been recent criminal activity to guests on their property. Some commercial property owners will hide this information to make sure their business is not slowed, but this puts visitors at a great risk. Negligent security can happen on both private and public property; 

Consequences of negligent security

Failure to provide a safe premises for civilians to visit can result in horrific -and even deadly- incidents. Southside Personal Injury Attorneys have handled many kinds of negligent security claims such as:

• Assault
• Battery
• Robbery
• Shootings
• Stabbings
• Sexual Assault and Rape
• Murder

Assault and Battery

Assault and battery are two different types of claims, and both require proof of intent. Assault does not require that the aggressor actually touch the victim, it only requires that the victim was threatened and in fear of imminent harm. Georgia courts determine whether an assault has taken place by asking whether the level of fear was reasonable.

Battery is defined by the attacker intentionally causing bodily harm to another through physical contact. The physical contact can be direct (such as hitting someone with a fist), or indirect (such as using a weapon or other instrument to cause physical harm).

Assault and battery cases are not mutually exclusive. For example, if an attacker threatens the victim before causing bodily harm, the victim may pursue both assault and battery charges. However, if the attack was initiated without warning, it is a case of battery.

Why You Need A Negligent Security Attorney

All victims who have been injured from inadequate security on a premises deserve justice. Negligent security claims can be complex and emotionally draining to fight alone; our experienced personal injury attorneys will be there to support you and prove your case to recover the compensation you deserve.

Compensation We Can Recover

The reality of most negligent security cases is that you may be filing a criminal claim against the individual who harmed you on the premises as well as the property owner for their negligence in keeping the premises safe. Sometimes, the aggressor may have fled the scene after causing harm and victims may not realize that they can still pursue a lawsuit against the property owner. Either way, victims should not have to pay for their injuries when harmed on someone else’s property.

Our Southside Personal Injury Attorneys take all monetary and non-monetary damages that should be recovered in your negligent security claim such as:

• Current and future medical bills
• Physical and emotional therapy
• Disability
• Lost income
• Property damage or loss
• Pain and suffering
• Loss of quality of life