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Negligent Security

Crime plagues the city of Atlanta. In one year alone, metropolitan Atlanta recorded 8,549 robberies, 35,425 burglaries, and 12,452 aggravated assaults. With high crime rates throughout the urban areas of Atlanta, almost every public establishment has the responsibility of providing proper security measures for shoppers and visitors. The courts typically consider failure to maintain reasonably secure premises, resulting in bodily injury or property loss, negligence – possibly resulting in compensation to the victim. To pursue your own compensation, seek help from Butler Wooten & Peak LLP of Atlanta.

Negligent Security and Premises Liability

Many people don’t realize that lack of adequate security on a property falls into the category of premises liability. A property owner’s duty to provide a safe environment for guests and visitors includes lending the right level of security for locations with known – or should-be-known – dangers. An owner is negligent if he or she knew, or reasonably should have known, about the risk of incidents such as theft, mugging, or assault and did nothing to prevent these harms. Methods of prevention may include:

  • Hiring a trained security guard
  • Installing an alarm or security system
  • Equipping parking lots with ample lighting
  • Putting up fencing around a property
  • Installing locks on certain gates and doors
  • Restricting access to keys for the property
  • Putting up signs such as “Registers have less than $50 at all times”
  • Using a drop safe or similar system

The law expects property owners to learn about the crime rates and history in the area, keep up with any changes, and take steps to reasonably ensure the safety of visitors from criminal acts. Any instance of assault, battery, robbery, or rape while on someone else’s property, may give rise to a negligent security case in Atlanta. The property owner was negligent in his/her duties of care to visitors, and this mistake led to injury. These are the basic elements of all premises liability claims in Georgia.

What Do You Need to Prove?

If you recently became the victim of an act of violence while at a shopping center, gas station, or any other property, learn what it takes to have a claim against the property owner. While it may be possible to bring your claim against the perpetrator, oftentimes it is easier and more fruitful to file against the person responsible for the safety of the premises. It is possible to bring civil claims against both parties for different kinds of wrongdoing. To have a premises liability claim for negligent security, one needs to prove four main elements:

  1. The defendant owned or leased the property.
  2. The defendant failed to exercise reasonable care to discover and prevent criminal activity.
  3. The defendant’s breach of care caused the plaintiff’s injuries.
  4. The plaintiff suffered actual damages.

The right team of Atlanta attorneys can help you with your negligent security case. We understand the importance of foreseeability in these claims – the courts will determine how much the property owner should have foreseen the risk of crime based on the history of the location. Our team can help plaintiff’s present their cases to insurance companies or jurors if necessary. To start with your free consultation, contact us.