The Dangers of Negligent Security

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If you have been the victim of an assault, rape, robbery or other criminal activity at a hotel, shopping mall, nightclub, parking garage or ATM kiosk, filing criminal charges is not your only option. You may also have a negligent security claim against the property owner.

While property owners are generally not liable for the wrongdoing of third parties, they do have a duty to keep the premises safe for patrons. This includes a duty to take reasonable steps to secure common areas against foreseeable criminal activity that is likely to occur without precautionary measures.

Examples of negligent security claims include:

  • Failure to hire security guards to patrol high-risk areas
  • Improper monitoring of security cameras
  • Lack of criminal background checks on employees
  • Broken or inadequate lighting
  • Insufficient door and window locks in hotels and apartment buildings

To prove a negligent security claim under Georgia’s premises liability law, injury victims must generally establish that the property owner owed you a duty of care; knew or should have known that there was a likelihood of criminal activity on the premises; failed to provide adequate security; and subsequently caused you harm.

Most negligent security claims come down to the second requirement —foreseeability of the criminal act.

In 1997, the Georgia Supreme Court lowered the legal standard injury victims must satisfy in proving foreseeability. Rather than looking only at prior incidents that fit the exact nature of the alleged crime, courts must now evaluate every prior incident of criminal activity that occurred on the premises and determine whether a reasonable person would have taken precautions to deter it. For example, in a case involving assault, the judge or jury can also consider evidence of robberies on the premises in determining whether the property owner acted reasonably.

If you have been the victim of a criminal attack, it is important to fully explore all of your legal options. At Owens & Mulherin, our Savannah personal injury attorneys can fully investigate your negligent security claim and help you seek the compensation you deserve.

- See more at: http://www.lomlaw.com/blog/the-dangers-of-negligent-security/#top

If you have been the victim of an assault, rape, robbery or other criminal activity at a hotel, shopping mall, nightclub, parking garage or ATM kiosk, filing criminal charges is not your only option. You may also have a negligent security claim against the property owner.

While property owners are generally not liable for the wrongdoing of third parties, they do have a duty to keep the premises safe for patrons. This includes a duty to take reasonable steps to secure common areas against foreseeable criminal activity that is likely to occur without precautionary measures.

Examples of negligent security claims include:

  • Failure to hire security guards to patrol high-risk areas
  • Improper monitoring of security cameras
  • Lack of criminal background checks on employees
  • Broken or inadequate lighting
  • Insufficient door and window locks in hotels and apartment buildings

To prove a negligent security claim under Georgia’s premises liability law, injury victims must generally establish that the property owner owed you a duty of care; knew or should have known that there was a likelihood of criminal activity on the premises; failed to provide adequate security; and subsequently caused you harm.

Most negligent security claims come down to the second requirement —foreseeability of the criminal act.

In 1997, the Georgia Supreme Court lowered the legal standard injury victims must satisfy in proving foreseeability. Rather than looking only at prior incidents that fit the exact nature of the alleged crime, courts must now evaluate every prior incident of criminal activity that occurred on the premises and determine whether a reasonable person would have taken precautions to deter it. For example, in a case involving assault, the judge or jury can also consider evidence of robberies on the premises in determining whether the property owner acted reasonably.

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