When property owners fail to provide adequate security, innocent people can get hurt. If you were injured because a property owner didn't take the necessary steps to ensure safety, you may have the right to hold them accountable.
Understanding the elements of negligent security claims is key to getting the compensation you deserve. Whether you were hurt in an apartment complex, a poorly lit parking lot, or a shopping center with no security cameras, there are specific criteria that must be met to prove negligence.
What are the elements of negligent security?
Property owners are required to take reasonable steps to keep their premises safe and prevent foreseeable assaults or attacks. If you're injured because a property owner didn't provide sufficient security, they could potentially be held liable for your injuries.
In Georgia, to hold a property owner accountable for negligent security, we must prove four key elements:
- The property owner had a duty of care to keep visitors safe.
- The property owner breached their duty of care by not providing adequate security.
- You were injured because the property owner breached their duty of care.
- You accrued damages (e.g., medical bills, lost wages) as a result of your injury.
Did the property owner have a legal duty to keep you safe?
Under Georgia law, property owners are required to maintain safe conditions on their premises, including surrounding areas such as sidewalks, parking lots, and entryways, for anyone entering lawfully (this duty doesn't extend to trespassers).
For example, if a shopping center has experienced issues with robberies, they are responsible for providing reasonable security so customers can safely shop, enter, and exit the premises.
Did the property owner fail in their duty to provide adequate security?
A breach occurs when the property owner fails to take reasonable security measures for the situation. Failing to fulfill this duty constitutes negligence.
For example, if that shopping center mentioned earlier doesn't install security cameras, put up warning signs, or hire security guards, such negligence could leave customers vulnerable to theft and other dangerous situations.
Did the lack of security directly cause your injury?
If there's negligence but no harm, there's no liability. This is often called the "no harm, no foul" rule. However, if someone is injured as a result, causation can be established.
Imagine a shopper at that same center is attacked and injured because there were no reasonable safety measures in place. This establishes that the negligent security caused the harm.
Could reasonable security have prevented your injury?
Property owners aren't liable for every crime that occurs on their property, but they must take steps to prevent foreseeable harm.
If reasonable measures (e.g., hiring security, installing cameras, or posting warnings) could have prevented the attack, the property owner may be liable for the resulting injury.
What counts as negligent security?
The level of security required will vary depending on these factors:
- The type of neighborhood
- History of crime at the location and in the area
- Recent changes in criminal activity
- Other known safety risks
With these factors in mind, a property owner could be considered negligent if they fail to:
- Warn visitors of foreseeable risks
- Address warnings or threats that could affect safety
- Ensure proper lighting in key areas
- Fix broken fences, gates, doors, windows, or alarms
- Upgrade security measures after previous criminal incidents
- Install security cameras where necessary
Common locations for negligent security claims
Certain properties in Georgia are more prone to negligent security issues due to size, customer traffic, and potential safety risks. These locations often involve serious security failures that put visitors in danger.
Here are the key types of properties where negligent security cases frequently arise:
Drugstores
Drugstores are heavily trafficked, making them prime targets for theft, assaults, or other criminal activity. Property owners must ensure proper lighting, security cameras, and other measures to protect customers and staff.
Big box stores
Large retail stores often have expansive parking lots and multiple entry points. Visitors may be at risk for robberies or attacks if these areas lack adequate security, such as surveillance or trained personnel.
Malls
With their numerous retailers, shopping malls attract a lot of foot traffic and are responsible for maintaining a safe environment. This includes providing security guards, installing cameras, and addressing known threats, particularly in parking garages and secluded areas.
Apartment complexes
Residents and guests of apartment complexes expect to feel secure in their homes. Failure to provide key security measures—like controlled access points, working gates, proper lighting, and responding to known security threats—can lead to dangerous situations.
Gas stations
Gas stations, especially those open 24/7, are frequent sites of criminal activity. Owners must ensure that their properties are well-lit and equipped with security cameras and take steps to protect customers during vulnerable hours.
Convenience stores
Like gas stations, convenience stores often operate late into the night and are easy targets for crime. Without proper security measures—such as cameras, alarms, and trained staff—these stores can become dangerous places for employees and customers.
Are property owners responsible for every crime?
While preventing every crime is impossible, property owners are required to take reasonable steps to protect people on their premises. If an owner does nothing to ensure safety, courts may hold them liable when someone gets hurt.
A blatant disregard for the safety of others can result in severe consequences. Courts may impose financial penalties if it's clear that profits were prioritized over people.
However, liability is linked to foreseeability. A business in a high-crime area will generally be more responsible for providing security than one in a low-crime neighborhood, where the risk is lower.
Hurt due to negligent security? Let us fight for the justice you deserve.
If you were injured because a negligent property owner or business failed to provide adequate security, you have the right to seek compensation for your damages.
The Georgia negligent security attorneys at Gary Martin Hays & Associates, P.C. know how to hold negligent property owners accountable. Our legal team can investigate the scene, analyze security measures, and gather key evidence to build a strong case for you.
With a track record of recovering more than $1 billion for personal injury victims across Georgia, we've got the knowledge and experience to handle every aspect of your negligent security claim. Our case results include:
- A $5.8 million settlement for a victim in a premises liability/inadequate security case.
- $5.5 million settlement for a premises liability/inadequate security case.
- $4 million settlement for inadequate security in a premises liability case.
The best part? You pay nothing unless we win—our zero-fee guarantee means there's no financial risk to you. Don't let those responsible get away without consequences.
Contact us online or call us for a free consultation. We'll review your case, discuss your potential options, and help you take the next steps.
"Very professional and answered all of my questions. Staff was very friendly. I was really anxious when I arrived but left feeling much calmer. Could not recommend this office more!" — Finn M.
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