If you were victimized as a result of negligent security, you might need legal help. If you feel your well-being and safety were jeopardized, by a business, then contact Calvin Smith Law. An Albany negligent security lawyer can assist you with getting compensation for your injuries and damages.
There are many different ways that you can be injured due to a third party’s negligence and when that occurs contact our reliable law services to receive your free consultation. We offer the first-rate experience and dedicated skills of our personal injury firm in Albany that can help you understand the process better in order to solve your case in the way that you deserve.
If you were injured due to a third party’s negligence contact us today to get a free case review and consultation scheduled. Our dedicated Albany personal injury attorneys will guide you throughout the entire process and assist you with seeking the justice that you deserve and need.
Table of Contents
What is Negligent Security?
This is a specific kind of premises liability that covers the damages that might be suffered during a violent crime. Under this law, a violent crime victim that becomes injured as a result of the incident can hold the owner of the property where the crime took place occurred at least partly liable for the damages they have suffered.
For example, if a grocery store customer is shot by another individual inside the store, then the victim who has a gunshot wound, according to negligent security law, can file a lawsuit against the grocery store chain’s owners. In order for negligent security to be proven, your attorney will need to prove that the appropriate security measures were not put into place by the grocery store in order to prevent crime. Or they can prove the grocery store knew of past violent crimes that occurred earlier at the location.
Causes of injuries in these types of cases can be from rape, robbery, battery, assault or even death in some circumstances. If the injuries sustained during the crime result in the victim’s death, the surviving family can file a wrongful death lawsuit against the owner of the property.
The main concept involved in negligent security is owners of properties are required to do whatever they can do to protect their patrons and guests from harm. That means that landlords and property owners must ensure their commercial locations and homes are fully equipped with the right security features such as bars and locks, suitable lighting, and the proper surveillance equipment. It is assumed by negligent security law that if the right security measures are put into place that crimes may be avoided and that damages that these crimes can cause will not take place or be reduced considerably. If commercial or residential tenants are meticulous and cautious in their plans for protecting their customers and tenants, then they will be able to avoid having negligent security lawsuits filed against them. The value and terms of negligent security lawsuits are determined by the situation’s particular details.
Businesses that have physical locations are required to do everything they can to apply the proper safety measures at their locations in order to protect tenants and customers against violent crime. Also, they are required to notify their tenants and customers about the dangers of crimes. If a business in operations closes down or fails, the liability will then fall on the location’s owner.
There are many different reasons that a landlord, business, or company will want to cover up the details of their criminal history and skimp on their security measures. Calvin Smith Law has extensive experience in uncovering all of the details and calling out less-than-ethical individuals and companies on the misdeeds that they have committed.
Some of the types of cases that we have had extensive and specific success with include the following:
- Assault and Battery Victims
- Rape and Sexual Assault Victims
- Murder Victim Family Members
- Shooting Victims
Those are just some of the ways that a person can be victimized when they are on somebody else’s property. With such high crime rates these days it is becoming increasingly common to be injured on another person’s property. It is completely unacceptable and if you have experienced this, then there is compensation available for your damages.
The most important thing that you need to be aware of is that you are not liable to pay for your medications, treatments, lost wages or other expenses that the incident caused if you became injured on another person’s property.
Negligent Security And Premises Liability
Not everyone is completely aware of all of the negligent security law details in Albany, GA. This kind of premises liability basically involves properties with insufficient security. Property owners have the duty to provide a secure and safe environment if they are wanting to invite customers, tenants, and guests for either pleasure or business. That includes informing visitors of the crimes that have committed on the property and any potential dangers.
A property owner will be found negligent if the owner was aware that there was a crime problem in the area, or should have been aware, and they ailed to institute the appropriate preventative measures. Incidents such as assault, theft, and muggings are all reasons why security needs to be increased. The following are some of the main ways to increase security in areas where there are high crime levels:
- Security guards
- An alarm system or security system
- Parking lots with sufficient lighting
- Fencing surrounding the property
- Locked gates and doors
- Restricting access to the keys of a property
- Signs indicating that at all times that limited amounts of money are kept in registers
- Use a drop safe or a similar kind of system
Property owners are required by law to be aware of the criminal histories and crime rates in the vicinity of their properties and take all necessary precautions to ensure that their tenants and clients will be safe against criminal attacks. If a person does become injured as a result of a crime that takes place on another person’s property, then it is critical to hire a negligent security lawyer in Albany to represent them. It takes the perspective of an expert to provide that the property owner’s negligence led to your injuries and this is why it is essential to have an experienced legal guide to help you with your negligent security case in Albany.
What Are Some Examples of Negligent Security Incidents?
The first thing that needs to be established is the rights that the visitor had when he or she entered the property where the crime took place. Once this is established, the property owner’s negligence needs to be established as well. That means it needs to be proven that the property owner’s actions or inactions constitute substandard precautionary measures by the reasonable standard of care that is supposed to be extended to all invitees to a property.
A property owner may be held liable for the damages and injuries that happen on their property as a result of a violent crime. That includes crimes such as rape, kidnappings, battery assault, kidnappings, sexual abuse, and murder.
The following are examples that are indications that a landlord failed to act in a responsible way to ensure the safety of the invitees to their property:
- No call boxes in place for emergencies
- Broken locks which allow easy access to the public
- Insufficient lighting
- Security cameras that are broken or poorly maintained
It takes a skilled professional and experienced eye to assess the situation properly and point out the mistakes made by the landlord. It will be entered into evidence and used to prove the landlord’s negligence.
Negligent Security at Apartment Complexes
Under Georgia state law, owners of commercial and residential property owe a duty of care to their clients and tenants to protect them against violent crime. That means that people and companies that rent out apartments in apartment complexes are required to make the effort to learn about crime and other dangers in the area. Then appropriate safety measures must be applied to ensure that the guests and tenants who lease the apartments are not injured or harmed.
However, if they fail to do this and violent crime does happen where a tenant of theirs is killed or injured, then they can be held liable in a wrongful death lawsuit or negligent security lawsuit.
Shootings and assaults are the two most common forms of attacks that take place in apartment complexes. Robbery and rape are also on the rise in parking lots. This kind of news, unfortunately, is far too common.
That is why it is essential that apartment complex owners exercise reasonable care to make sure that tenants are not harmed in violent crimes. In some situations, the assailant is a trespasser and not a tenant on the property where they commit the crime. In other situations, it might be a guest or another tenant committing the crime.
If the attacker was a trespasser, proving negligence will be easy. However, if it was a resident then negligence will be more difficult to prove and will require a more thorough investigation.
How Landlords Can Prevent Attacks
The following are measures that landlords can take to ensure that their apartment complex tenants are kept safe.
- Having criminal background checks conducted on all tenants.
- Ensuring that there are no burnt out or broken outdoor lights.
- Fence in parking lots and maintain it regularly so that criminals cannot enter.
- Keep all doors and locks secured.
When an Attacker Trespasses
When an assault has taken place at an apartment complex, the very first thing that we will do is conduct research on the history of crimes that have taken place in the area. The following are some of the questions that we tend to ask.
- Have any other violent crimes such as assaults, shootings, or sexual assaults occurred on the property?
- Did the apartment complex owners take reasonable measures to protect tenants from violent crimes?
We frequently hire expert investigators to conduct a thorough investigation of the crime to prove that the apartment complex owner or manager did not provide a sufficient measure of care.
Negligent Security at Motels and Hotels
People who travel to various locations often stay in a motel or hotel for either pleasure or business. Whatever reason for you staying in a Georgia motel or hotel, you should be able to expect to be completely safe during your stay. The hotel owner or manager is responsible to ensure that the proper care is taken in order to protect you against attacks.
However, crime is continuing to rise in many areas and there are numerous attacks that take place in hotels in Albany due to negligent hotel security. Violent crimes such as assaults can occur in parking lots, stairways, hallways, and other areas that do not have sufficient lighting. Another major issue with hotels is their security staff has not been properly trained. Doors and windows at these places might not always be secure.
If you or a relative is the victim of a shooting, rape, sexual assault rape or another type of violent crime at an Albany hotel or motel, you need to have expert legal advice to help you determine your next move. Our team will do a thorough investigation to determine whether or not other crimes have occurred in that location in the past.
Negligent Security at Malls and Shopping Centers
Many Georgia residents frequent shopping malls and shopping centers. Those locations can range from basic strip malls to huge mega-malls with movie theaters, many department stores, and other amenities. These businesses owe a duty of care to all of their clients and customers.
Unfortunately despite how relaxed and run of an environment that a shopping mall can have it can also be a place where murders, sexual assault, rapes, and shootings can take place. These tragedies can be avoided if the proper security measures are put into place by property owners.
Our investigative team will leave nothing uncovered. We will conduct a thorough investigation regarding the events that have occurred. Violent acts often take place in parking lots that have bad lighting. Malls with insufficient security also can be susceptible to violent crime.
The first thing we will do as part of our investigation is to determine if there is a history of violent crimes taking place in the location. If there is evidence of similar crimes to yours taking place there, then we will investigate to see if security measures have been taken to prevent that type of problem from occurring again.
What Should You Do After You Are Injured Due To Negligent Security?
If you or a family member was injured or killed as the result of a violent crime that took place on someone else’s Albany property, you will need to have legal help. whether the property where the incident took place was private or public, you still have the same right to seek compensation.
It is very important to not do or say anything that might jeopardize your case. Be sure to keep accurate records of all of your injuries as well as your costs for medications and medical treatments. Make sure to closely follow your doctor’s advice, which includes taking time off of work if the doctor says that is necessary. When talking to insurance companies, property owners, or others, do not say anything that indicates that you could have taken steps to minimize the damages that you have suffered. That will put the validity of your case in serious doubt in the eyes of both the opposition and the court.
Make sure to contact an experience Negligent Security Lawyer as soon as possible. There is a good chance that failing to hire the proper security personnel or negligent security is totally or partly to blame. The sooner that you hire an attorney for your case the quick we can get started on our work and improve the chances of a positive outcome.
Why Should a Negligent Security Claim Be Filed?
The purpose of negligent security laws is to keep you protected so you don’t need to fear for your security when you are on other people’s property. The laws require property owners and landlords to do everything they can to make sure that their properties are safe to visit for guests and clients. If they fail to take these precautionary measures, then safety will not be ensured. If you or a family member becomes injured, then they will be liable to compensate for your injuries.
The injuries that are suffered in a negligent security case often are life-changing and serious. For instance, your child could be struck by a bullet that ricochets off a wall in an attempted robbery. If the bullet hit the spine of your child it could leave him or her a paraplegic for life. The child will end up growing up without being able to provide for a family in the future or themselves. That means your child in a negligent security case will seek compensation for the injuries including future lost earnings that your child can never earn or collect.
Even if you sustained only fairly minor injuries in a violent crime, a negligent security claim should still be filed. It can help you with any necessary medical expenses and the laws and enforcing them can help to ensure that properties are maintained in a secure way to keep patrons and tenants safe.
What Elements are Part of a Negligent Security Claim?
Georgia’s laws require the following statements be proven in a negligent security case:
- The owner of the property was aware or should have been aware of the dangerous condition
- You were visiting the premises legally
- The owner of the property failed to take the necessary steps to provide adequate security to you
- You or a family member were injured as a result of their negligence
There are also other special situations when a personal injury claim might be justified. If you suffered injuries due to the area’s insufficient security, make sure to discuss this with your attorneys to see if the owner of the property was responsible in some way for the public’s safety.
One of the most important things that need to be determined n these claims is if the injuries that were suffered were “foreseeable. If the problems could be foreseen by the property owner, then they could have had the chance to avoid them and will be liable for injuries that might have caused.
Key Factors For Building a Solid Negligent Security Case
Owners of property in Albany, GA, are not responsible for every injury and accident that takes place on their property. They are just responsible for accidents that may have been avoided if the owner had applied the precautions that a reasonable person would have taken in the same situation.
The main reason why a reasonable individual could foresee potential events would be if they knew about prior incidents that called for security to be improved. This is why it is critical for the history of crimes within the area are investigated since that will play a key role in building a solid case. In this situation, the argument is that the injuries could have been prevented if the manager or owner of the property had acted on this information.
Another reason why a property manager or owner might be responsible for injuries sustained in an incident is failing to perform due diligence. That includes hiring employees who uphold the same degree of security that is necessary for foreseeable incidents that can possibly result in preventing injuries.
They fall into the category of the defendant failing to exercise their duty of care. It is critical to proving this failure is what led to your injuries so that you can seek compensation from their insurance company for your damages. A negligent security case has four components – duty of care, failing to fulfill the duty, the injuries that were sustained, and damages that may be collected.
How Much Does It Cost To Hire An Albany Negligent Security Lawyer?
Fortunately, you will not be charged anything upfront to hire our first-rate negligent security attorneys. That is because we work on a contingency fee basis. That means you won’t be charged anything for the services of our expert legal counsel, our comprehensive investigative services, or our legal services out of or in court until we win your case. If your case is won, then our attorney fees are taken out of the jury award or settlement.
You will not be charged any fees for our legal services if your claim is unsuccessful for any reason.
What Does A Negligent Security Claim Process Involve?
The first thing we will do after you have signed on with our professional negligent security attorneys with Calvin Smith Law in Albany is to conduct a thorough investigation. Our extensive experience and knowledge will be applied to searching through public records, interviewing witnesses, and reviewing medical documents, police reports, and other information to ensure that we can build the strongest possible case. We will hire expert witnesses if necessary to strengthen your case even more.
Our legal advisers will keep you fully updated through your case. We will remain in close communications with you and provide help at every stage in the process. If you have any concerns or questions you can rely on us to provide you with concise and clear information. We might be able to reach a settlement and not need to go to court. However, if not, you can rely on us to aggressively defend your interests to ensure you get the compensation that you need and deserve.
How Long Does a Negligent Security Case Take?
There are various factors that affect how long this type of case will take. There is the possibility of a faster settlement instead of having to drag the process out in a long court battle. Needing to interview numerous witnesses as well as several other factors may result in a case running several months or even a couple of years. Call us for your free consultation so we can review the details of your case and give you a clear idea about how long your case might take.
It is very important to understand that patience plays a key role in your negligent security case’s final outcome.
How is a Negligent Security Case Affected By Location?
Under Georgia law, all property owners are required to keep their property safe against any foreseeable threats or risks to their customers and clients. That means if they do fail to perform that duty, they can be sued for damages that are suffered by a patron or guest of their establishment. That includes damages that a third party causes, like as a result of a violent crime. There might be cases where an owner of a property is held responsible for those injuries that are suffered in a violent crime near their property.
In a 2017 case involving Six Flags, Georgia’s Supreme Court concluded that the property owner is also responsible for approaches to their property. in this specific case, Six Flags was found responsible by the courts despite the fact that the attack occurred off of the property lines since the attack had been planned and started on their property.
However, there are a few exceptions to this rule for either business owner or property owner liability. For example, if the owner of the property invested guests to their property without charging an entrance fee, then the property owner will have only minimal responsibility.
The Role Played By Property Owners in Negligent Security Cases
In Georgia, there is a difference in the duty of care that a property owner is required to provide to invitees, licensees, or trespassers.
An invitee is an individual who is invited to a property. It can include businesses inviting patients, clients, or customers to their locations such as gas stations, shopping malls, amusement parks, gyms, hospitals, or dentist offices.
Under the law, tenants in rented properties such as apartment complexes are also considered to be invitees. That means that ordinary care is required to be offered by the property owner for those invitees. Failing to do this can result in injuries, and the property owner can be held liable for the person’s damages.
Trespassers and licensees are not owed as a high of a duty of care as with invitees. Injuries that they suffer will only be liable for when caused by willful and wanton behavior. If you want more information on Georgia Negligent Security law, please call us at (404) 383-7552.
How Much Compensation Can Be Expected From a Negligent Security Case?
It can be hard to know without reviewing the case’s details first. Generally speaking, the more harmful and dangerous the violent crime was and the more serious the damages were, the higher your compensation amount will be. We cannot provide you with an exact quote until we have had the opportunity to look over all of the details involved in our case. However, we can say in general these kinds of cases will run into hundreds of thousands of dollars.
Give Calvin Smith Law a call today at (404) 383-7552 for your free consultation and confidential quote with our Albany personal injury firm.