Property and business owners are legally required to maintain a level of safety and security for their guests. When these security measures are not met, it is possible that innocent people can be placed in harm’s way.
When you have been injured because a business’s unlawful failure to maintain proper safety helped someone commit a crime against you, you could be entitled to financial compensation. Proving a negligent security case in Georgia can be complicated, however. Errors in your legal argument or the procedures you need to follow could negatively impact your case and prevent you from getting the justice you deserve. Working with an experienced premises liability attorney, particularly with a Riverdale negligent security lawyer, could help you make the strongest case possible and improve your odds of succeeding in court.
Negligent Security Laws in Georgia
Negligence lawsuits fall under the authority of state-specific civil courts. A valid negligent security lawsuit must demonstrate the following:
- The land or business owner had a specific responsibility to provide certain safety measures to a person
- The land or business owner failed to provide those safety measures
- The lack of safety measures caused injury
- The person’s injury would not have occurred if the necessary safety measures were in place
The Georgia law that applies to negligent security is Official Code of Georgia Annotated § 51-3-1, which states that if a person is on someone’s property for any lawful reason and by “invitation,” then the owner is liable for injuries the person sustains as a result of improper maintenance and security measures. Invitations in this sense could include a business displaying an “open” sign to encourage customers to come in and shop.
There are a number of circumstances that can be attributed to negligent security. Depending on the specifics, a victim of a crime might have a case against a business if they were assaulted in a dark parking lot that should have had better lighting, or if they were robbed by an employee who would have failed a criminal background check if only the business had run one before hiring. These sorts of arguments are nuanced and complex. A Riverdale attorney could help determine if a personal injury could be linked to negligent security or if it requires a different course of action for compensation.
Limitations to Negligent Security Injury Lawsuits
Not all injuries can be attributed to negligent security. In most cases, lawyers must prove that an injury was a foreseeable consequence of the owner’s negligence. For example, if a landlord refuses to promptly fix faulty locks on an apartment after being notified of the issue and a tenant gets robbed, that could be a case for negligent security. The crime of burglary was a foreseeable result of doors that do not lock.
In addition, negligent security claimants must abide by court procedures like the statute of limitations. Under O.C.G.A. § 9-3-33, they typically only have two years after injury to file a lawsuit for negligent security. Failure to follow procedural rules could prevent a suit from going forward, no matter how valid the case is. The court may also reduce or entirely deny compensation if a person’s own negligence contributed to their injury, per O.C.G.A. § 51-11-7.
By working with a Riverdale attorney who has experience in negligent security cases, an injured person could argue that their injury was a foreseeable result of the owner’s poor security practices and that they are not personally at fault for it.
Call a Riverdale Negligent Security Attorney for Guidance
Crime victims face many challenges in the aftermath of the harm committed against them. If you sustained injuries or losses and a business owner is liable for negligent security in the area, receiving your due compensation is a key step in the fight for justice.
Navigating these legal procedures can be difficult on your own. Working with a Riverdale negligent security lawyer could help you during this stage of your journey to recovery. Contact the offices of Attorney Robert James today, where our next victory could be yours.