Property owners within the state are required to keep their premises safe. This includes the physical condition of the premises and certain safety measures that are utilized to help prevent injury or criminal acts. This security may include technology needs, proper lighting, and security guards. If a lack of security is the reason you were harmed on another person’s property, a dedicated premises liability attorney may be able to assist you.
Whether you suffered an assault, robbery, or other criminal act, you should speak with an experienced College Park negligent security lawyer to determine your possible rights to compensation.
Negligent Security Law
When a premises liability incident or criminal act occurs on another person’s or business’s property, state premises liability law will apply. To prove a claim, the plaintiff must show how the defendant was negligent in permitting the harm by proving the following elements:
- A legal duty of care existed
- The duty was breached by the defendant
- That breach is what caused the injury
- The injury resulted in damage to the plaintiff
This negligence test is an important part of negligent security claims and is best left to a competent College Park attorney to handle.
Foreseeability of Criminal Acts
Under Georgia case law, a criminal act must be “foreseeable” by the owner of the property in order for them to be potentially responsible. Several factors can impact whether a crime, or a specific category of crime, is likely to occur without some extra intervention by the property owner.
Substantially Similar Test
If crimes have occurred on the premises that are similar to the one faced by the plaintiff, the property owner may be liable for the crime the plaintiff endured. Previous assaults or thefts could indicate that security measures are needed to protect visitors or property occupants. This test requires an investigation into past incidents at the property and a proper comparison of the situations.
When a volatile situation is beginning to occur on the property, and the property owner fails to take proper steps to prevent harm, the owner may be responsible for the harm that follows. This may be as simple as failing to call police when the situation calls for it.
High Crime Areas
In an area where crime is common, additional steps by the property owner may be expected. This may include setting up alarms, cameras, and other technology. It may be as simple as having appropriate locks and lighting to prevent dark areas where an attack may occur. A College Park negligent security attorney can investigate if these measures were taken.
Other Possible Requirements for Proper Security
Depending on the situation, it may also be negligent if a defendant fails to:
- Properly maintain windows, doors, or fences
- Provide adequate security guards
- Inadequately hire or train security personnel
If a plaintiff was the victim of a crime while on another’s property, a negligent security claim may apply and the plaintiff should consult a skilled attorney.
Seek Assistance from a College Park Negligent Security Attorney
Your negligent security case deserves to be analyzed by competent legal counsel. Contact our experienced College Park negligent security lawyers for a free consultation.