Georgia Negligent Security Claims

October 22, 2010

Many people are unaware that business owners, landlords and other property owners owe them special duties of care while they are on the property. This includes the duty to keep the premises in a reasonably safe condition, to warn of known dangers and to protect those who are legally on the property from certain harms. In some cases, these harms include criminal acts of others, such as physical assaults, sexual assaults and other intentional crimes.

Duty to Protect Against Foreseeable Crimes

In Georgia, a property owner of a business or apartment complex generally does not have a duty to ensure the safety of those on the property from criminal acts by third parties. However, there is an important exception to this rule. When it is foreseeable that a criminal act will occur, then the property owner has a duty to take all reasonable and necessary steps to provide adequate security to prevent such an act from occurring.

Some examples of reasonable security measures include:
- Installing video cameras
- Running criminal background checks on tenants
- Restricting access to the building
- Erecting a fence
- Making sure there is adequate lighting in parking lots and other common areas
- Installing appropriate door locks
- Hiring a security company to survey the property
- Establishing security policies and procedures for residents and their guests

Whether or not a criminal act is foreseeable can be a difficult question to answer. In general, a criminal act is considered foreseeable if there is a history of similar criminal acts on or near the property. For example, if a woman was sexually assaulted in the parking lot of a business, then this puts business owners near where the assault occurred on notice that they need to take extra precautions to protect those using their property from a similar act.

In determining whether a past criminal act is sufficiently similar to a current one, the court will consider several factors, including the location, severity and extent of the criminal act, and how long ago it occurred. The court also will consider whether the previous criminal activities in the area would put the property owner on notice that he or she needed to take precautions to protect his or her customers or tenants from the specific type of assault or other crime that occurred.

A similar act does not mean that it has to be the same type of act. For example, if a man was beaten with a baseball bat while trying to get into his apartment, the subsequent criminal act does not have to be the same type of beating -- a physical assault involving a different instrument or even just the attacker's fists may be sufficiently similar.

However, it is important to note that Georgia courts generally have not found that previous property crimes are sufficiently similar to physical assaults to put property owners on notice and trigger a duty of care. The Georgia Supreme Court has held that the "very nature" of the property crimes must suggest that a personal injury could occur and that the victim of the property crime must not have had an opportunity to escape the encounter before property crimes create a duty for property owners to protect against physical assault.

Seek Legal Help for Your Negligent Security Case

When a property owner fails to take reasonable steps to protect his or her customers or tenants from a foreseeable risk of harm, the property owner can be held legally responsible for any bad acts that occur. This means that the tenant or customer who is injured during an assault or other criminal act has the right to file a negligent security lawsuit against the property owner. In cases of attacks occurring at apartment or condominium complexes, the landlord, property caretaker and/or association also may share some legal responsibility for the injury.

Some examples of the types of compensation that may be available in a negligent security case include:
- Medical expenses
- Lost wages
- Emotional distress
- Pain and suffering

For more information on your legal options following a physical or sexual assault or other criminal act at a business or apartment, contact an experienced attorney today. Your attacker may not be the only one liable for your injuries.

Article provided by Gary Martin Hays & Assoc., P.C.
Visit us at www.garymartinhays.com