Negligent security falls within premises liability legislation and involves the property owner’s obligation to protect invitees from harm caused by a third party in areas known for crime. That could mean hiring security guards, installing cameras, and ensuring adequate lighting to prevent criminal action while on the premises or in the immediate area.
However, a violent attack while visiting a business does not always mean the owner is financially liable. The case must show the presence of specific elements. A Lithia Springs negligent security lawyer could review your case and help prove the presence of those required elements to pursue compensation. Call one of our seasoned premises liability attorneys to learn more.
The Elements Needed to Establish Liability
Premises liability cases, including negligent security, must establish the existence of specific components to prove negligence and recover damages:
- Evidence of reasonable foreseeability to establish the party’s legal duty
- A breach and failure to provide the required duty to protect the plaintiff from harm
- The violation of their legal obligation caused the individual to sustain damages
- The person suffered verifiable injuries, property damages, and other losses
A Lithia Springs attorney could gather vital evidence to construct a powerful negligent security case that establishes each component as required by law.
Reasonable Foreseeability to Establish Duty
Reasonable foreseeability in negligent security cases means there is an elevated crime rate in the immediate area, and they have a duty to protect customers from third-party offenders. The court will determine whether there was reasonable foreseeability using a totality of the circumstances test. They will analyze the circumstances and specifics of each case, including the credibility and basis of knowledge the claim provides to establish liability.
Know the Essential Injury Laws
Knowing and adhering to the rules of personal injury laws is crucial for recovering a settlement successfully. There is a deadline for beginning legal action provided by the statute of limitations. While case specifics could lengthen or shorten the time frame, the claimant has two years to file the petition for negligent security lawsuits.
The modified comparative fault rule provides that when the court determines the plaintiff shares part of the fault, they will minimize the settlement by that amount. If the total award for damages is $200,000 and the civil jury finds the plaintiff is five percent at fault, they will collect $190,000. A negligent security attorney in Lithia Springs could review the applicable statutes and answer your questions during the consultation.
The Legal Responsibility of Property Owners
Legislation also dictates the legal obligations of property owners in negligent security cases. According to the guidance of the Georgia Code Annotated § 51-3-1, state legislation requires property owners and occupiers to keep the premises safe to avoid putting visitors at an unreasonable risk of harm. Visitors include those that enter by implication or express invitation.
When visitors suffer damages because owners fail to uphold their legal responsibilities, the laws will hold them financially accountable. That includes taking action to protect them from violent attacks and physical harm from a third party when there is reasonable cause to believe there are risks.
Meet With an Experienced Negligent Security Attorney in Lithia Springs
Businesses must take action to protect their customers from suffering harm caused by a third party when there is evidence to establish reasonable foreseeability. There is no exact method for determining their obligations, but the court will analyze the evidence of each case to make a judgment based on the case specifics.
Legislation could entitle you to compensation if you suffered harm because a negligent property owner failed to protect you from the criminal actions of a third party. A knowledgeable Lithia Springs negligent security lawyer could review your case and options and help you recover damages from the incident. Call us today to schedule a consultation and get started.
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