If you have been the victim of negligent security, you may need legal assistance. If you feel that your safety and well-being have been jeopardized by an individual or a business, you need to call Calvin Smith Law. A Macon negligent security lawyer can help you get compensation for your damages.
There are so many ways that you can become injured due to the negligence of a third party and when this happens to call our reputable law services for a free consultation. We provide the dedicated skills and top-notch experience of our Macon personal injury firm who will help you better understand this process and reach a resolution you deserve.
If you have been injured due to the negligence of a third party reach out to us today and schedule a free consultation and case review. Our relentless Macon personal injury lawyers will guide you through the process and help you seek the justice you deserve.
Table of Contents
What is Negligent Security?
Negligent security is a specific type of premises liability covering the damages that may be sustained in violent crime. According to this law, a victim of a violent crime that has resulted in their injuries can hold the property owner of the location where the crime occurred partly liable for the damages they sustained.
For example, if a patron at a grocery store is hit by another person in the store, under negligent security law, the victim with the gunshot wound will be able to file a lawsuit against the owners of the grocery store chain. To prove negligent security, your lawyer will have to prove that the grocery store did not have the necessary security measures in place to prevent the crime. Or, they could prove that the grocery store was aware of previous violent crimes occurring at this location at an earlier time.
Causes for the injury in such a case could be from robbery, rape, assault, battery and even death. If the injuries in the incident lead to the victim’s death it is possible for the surviving family to file a wrongful death lawsuit against the grocery store.
The central concept of negligent security is that property owners are supposed to do what they can to protect their guests and patrons from harm. This means that property owners and landlords must ensure that their homes and commercial locations are equipped with suitable lighting, security features like locks and bars as well as appropriate surveillance equipment. Negligent security law assumes that if proper security measures are in place crimes can be avoided and the damages caused in crimes that do occur will also be considerably reduced. If residential or commercial tenants are cautious and meticulous in their plans to protect their tenants and customers, they can avoid negligent security lawsuits. The terms and value of negligent security lawsuits will be determined by the various details of the situation.
Businesses with physical locations must do everything in their power to apply appropriate safety measures to their locations in an effort to protect customers and tenants from violent crime. Furthermore, they must notify their customers and tenants with the dangers of the current crime. If the business that is in operations at the time fails or closes down, the liability will fall on the owner of the location.
Of course, there are many reasons that a company, landlord or business will want to hide details on crime history and cheap out on security measures. At Calvin Smith Law, we have extensive experience in sniffing out the details and calling these less-than-ethical companies and individuals out on their misdeeds.
Some of the cases we have specific and extensive success in representing include:
- Battery and Assault Victims
- Sexual Assault and Rape Victims
- Family Members of Murder Victims
- Shooting Victims
These are only a few of the ways that an individual can become victimized on someone else’s property. With crime rates as high as they are it is more and more common to become injured on someone else’s property. This is not acceptable and if this has happened to you, know that there is compensation for your damages.
The important thing you need to know is that you are not liable for the treatments, medications lost wages or any other expenses caused by the incident if they were injured on another’s property.
Premises Liability And Negligent Security
Not everyone is fully aware of the details of negligent security law in Macon, GA, but basically, this type of premises liability includes properties that do not have sufficient security. IT is the duty of property owners to provide a safe and secure environment if they hope to invite guests, tenants, and customers for business and pleasure. This includes informing their visitors of the dangers and crimes committed there.
A property owner can be found negligent if they knew that the area had a problem with crime or should have known, and they failed to apply a proper preventative measure. Incidents like muggings, assault, and theft are all reasons that security should be increased. Some ways that security can be increased if crime levels are high include:
- Security guards
- A security or alarm system
- Adequate lighting in parking lots
- Fencing around the property
- Locks on specific doors and gates
- Restricted access to a property’s keys
- Signs like “Registers at all times have less than $50”
- Using a drop safe or other a similar type of system
It is required by law that property owners are aware of the crime rates and histories around their properties and take every necessary precaution in ensuring that their clients and tenants will not fall victim to criminal attacks. In the event that a person is injured in a crime that occurs on another’s property, it is important to get a Macon negligent security lawyer to help bring about a positive resolution. It will take an expert perspective to prove that it was the negligence of the property owner that led to the injuries and that is why a qualified legal guide is essential to your Macon negligent security case.
What are Negligent Security Examples?
The first thing to do will be to establish the rights the visitor had in entering the property where the crime occurred. After this has been established, the negligence of the property owner must also be established. This means it must be proven that the actions or inactions of the property owner constitute less than acceptable precautionary measures by any reasonable standard care that should be extended to invitees.
A property owner can be held liable for the injuries and damages that occur on their property during a violent crime. This includes any crimes like battery assault, rape, sexual abuse, kidnappings, and murder.
Here are some examples that indicate a landlord was not acting responsibly in ensuring the safety of their invitees:
• Lack of call boxes for emergencies
• Broken locks that allow the public access
• Inadequate lighting
• Security teams that are improperly trained
• Poorly maintained or broken security cameras
It will take an experienced eye and qualified professional to properly assess the situation and point out the errors in the landlord’s situation. This will be entered into evidence that can be used to provide proof of negligence.
Apartment Complex Negligent Security
Residential and commercial property owners owe their tenants and clients a duty to protect them from violent crime under Georgia Law. This means that companies and individuals who will be renting out apartment complexes must take measures to learn about the crime in the area and other dangers. They must then apply appropriate safety measures to ensure that their tenants and guests leasing these apartments do not become hurt or injured.
But, if they don’t and violent crime does occur in which one of their tenants is injured or killed, they may be liable for negligent security or even a wrongful death lawsuit.
The two most common types of attacks that can occur in an apartment complex are shootings and assaults. However, recently, there is also a growing rise in robbery and rape in the parking lots. Unfortunately, this type of news is all too common.
This is why it is important that the owners of these apartment complexes exercise reasonable care to ensure that their tenants will not be harmed in these crimes. In some instances, the assailant in the crime was not a tenant but was trespassing on the property when they committed the crime. At other times it may be another tenant or the guest of a tenant that commits the crimes.
It will be easy to prove negligence if the assailant was a trespasser, but if they were a resident of the apartment complex, it may be harder to prove negligence and a more in-depth investigation will be required.
How Attacks Can Be Prevented By Landlords
Some of the following measures can be taken to ensure the safety of tenants in an apartment complex.
- Performing customary criminal background checks on all tenants.
- Making sure that the lights in all outdoor areas are not broken or burned out.
- Having a fence built around parking lots and keeping it well maintained broke, which can allow a criminal to enter.
- Keeping all locks and doors secure.
When an Attacker is a Trespasser
When there has been an assault in an apartment complex, the first thing we will do is research the history of any other such crimes occurring in the same area. Here are some of the questions we will typically ask.
- Have there been any other such violent crimes, sexual assaults, shootings or assaults on the property?
- Were any reasonable measures taken to by the owners of the apartment complex that will protect the tenants against such violent crimes?
We will often hire an expert investigator to perform a thorough investigation into any such crimes and prove that a certain measure of care was not provided by the apartment or complex.
Motel and Hotel Accidents Negligent Security
People traveling to different locations will often stay in a hotel or some other overnight establishment either for business or pleasure. No matter your reason for staying in a hotel or motel in the state of Georgia, you can expect your stay to be completely safe. It is the responsibility of the hotel manager or owner to ensure that care is taken to prevent you from attacks.
Even still, crime is on the rise and there are many attacks that will occur in a Macon hotel because of negligent hotel security. Assaults and other violent crimes can happen in hallways, stairways, parking lots in other areas where there is not suitable lighting provided. Improperly trained security staff are another big issue with the hotel. Furthermore, the windows and doors of these locations can be insecure as well.
If you or a family member has been the victim of a sexual assault, rape, shooting or some other violent crime in a hotel or motel in Macon, you will need expert legal advice to choose your next move. We will conduct a thorough investigation to see if things like this have happened in the past or not.
Negligent Security in Shopping Centers and Malls
Shopping centers and shopping malls are other commercial locations frequented by many Georgia Residents. These locations can be anything from a simple to a large mega mall with many department stores, movie theaters and other amenities. All the businesses here owe a duty of care to their customers and clients.
Sadly even the fun and relaxed environment of the shopping mall can be a place where shootings, rapes, murders and sexual assault can occur. All of these are tragedies that can be avoided if property owners follow the security measures necessary.
You can count on our investigative team to leave nothing uncovered when performing a thorough inquiry into the events that took place. Many times violent acts are committed in parking lots with poor lighting. Malls that do not have sufficient security details may also be prone to violent crime.
We will begin our investigation by seeing if there is a history of these crimes occurring in that location. If we find evidence of crimes similar to your own happening there, we will see if there had been any security measure taken to prevent this sort of issue from happening again.
What Should you do Following a Negligent Security Injury?
If you or someone in your family has been injured or killed during a violent crime on someone else’s property here in Macon, you will need legal assistance. Whether the property in which the incident occurred was public or private, the right to compensation remains the same.
It will be important to not say or do anything that could jeopardize a favorable case. Make sure you keep a careful record of your injuries and all the costs for medical treatments and medications. Be sure to follow the advice of your doctor closely, this includes taking time from work if they say this is essential. When speaking to property owners, insurance companies or anyone else, never say anything that will indicate you could have done something to minimize the damages you incurred yourself. This will place a serious doubt on the validity of your case in the eyes of the court and opposition.
Be sure you call a qualified Negligent Security Attorney as soon as you can. It is very possible that negligent security or the failure to hire appropriate security personnel is a party or totally to blame. The sooner you bring an attorney onto your case the faster we can begin our work and the better the chances we have of a favorable outcome.
Why Should You File a Negligent Security Claim?
Negligent security laws are in place to protect you so that you don’t have to fear for your life when you go out into other people’s property. These laws require that landlords and property owners do all in their power to ensure that their properties are safe for clients and guests to visit. If these precautionary measures are not taken, then safety is not assured and if you or your family member is injured, you will be liable for compensation for your injuries.
Often, the injuries sustained and filed in a negligent security case are serious and life-changing. For example, your child may be struck by a stray bullet ricocheting off a safe in a robbery gone bad. This bullet could hit your child’s spine and leave them paraplegic for life. This child will grow up without the capacity to provide for themselves or their future family. This means that your negligent security case will find your child compensation for the incident including the lost earnings they will never be able to collect.
Even if the injuries sustained in violent crime were fairly minor, there is still good reason to file the negligent security claim. For one, you will get help with any of the medical costs for necessary treatments. More importantly, these laws and the enforcement of them ensure that properties are kept in a secure state that makes life safer for tenants and patrons.
What Elements are Involved in a Negligent Security Claim?
The laws of the state of Georgia insist that the following statements must be true about the negligent security case:
- A property owner knew or should have known about the dangerous condition
- You were lawfully visiting the premises
- The property owner failed to take reasonable steps in order to provide you with adequate security
- As a result of the negligence you or your family member were injured
Nevertheless, there are other special circumstances where a personal injury claim could be warranted. If you did suffer due to the low security of the areas, be sure to discuss the situation with your lawyers and see if the property owner was somehow responsible for public safety.
One of the most important aspects of these claims is determining if the injuries sustained were actually “foreseeable”. It stands to reason that if the property owner could foresee these problems, they may also have had the opportunity to avoid them and is liable for any injuries they may have caused.
Important Factors for Building a Strong Negligent Security Case
Property owners are not responsible for all accidents and injuries that occur on their property. Actually, they are only responsible for those accidents that could have been avoided if they had applied the same precautions that any reasonable person would have in the same circumstance.
The primary reason any reasonable person would be able to foresee any such possible events would be if they were aware of any previous incidents that would call for an improvement of security. This is why it is essential to investigate the history of crimes in the area as this will play an important role in building a strong case. The argument will be that the injuries would have been prevented if the property manager had acted on the information they are required to have.
Failure to perform their due diligence is another reason that a property manager may be responsible for the injuries incurred in the incident. This involves hiring employees that will uphold the same level of security needed for all foreseeable incidents that could potentially result in injury to be prevented.
Both of these will fall into the category of failures in the defendant’s “duty of care”. It is essential to prove that it was this failure that led to the injuries suffered by the victim who can seek compensation in the insurance system for their damages. Those are the four components of a negligent security case – the duty, the failure to fulfill the duty, the resulting injuries and the damages that can be collected.
How Much Does Hiring A Macon Negligent Security Lawyer Cost?
The good news is that you will not be charged anything for hiring our top-notch negligent security lawyers. This is because we operate on a contingency fee basis. This means that we will not charge you anything for our expert legal counsel, thorough investigation services or our service in and out of court until your case is won. If we win the case then the attorney’s fees will be paid from the settlement of the jury award.
If for any reason your claim is unsuccessful, you will not be charged anything for the services.
What Is Involved In A Negligent Security Claim Process?
The first thing that will happen after you sign on with your professional Macon negligent security lawyers from Calvin Smith Law is a thorough investigation. We will apply our extensive knowledge and experience in reviewing reports, police records, medical documents, interviewing witnesses and looking through public records to ensure we build the strongest case possible. We will even hire expert witnesses to bolster the strength of our case.
You can expect to remain fully updated by our top legal advisors throughout the entire case. We will stay in close communication and offer help at every corner. If you have any questions or doubts trust us to provide clear concise information. We may be able to reach a settlement out of courts, but if not you can count on us to defend your interests aggressively and skillfully to ensure you get the final compensation you deserve.
How Long Does a Negligent Security Case Take?
There are a variety of factors that come affect how long this case will take. Things like the potential for a faster settlement pout of courts and the possibility of having to drag out the process in a lengthy court battle. The need to interview many witnesses along with several other factors can ultimately lead to a case that could run from several months to a few years. If you call us for a free consultation we will be able to look over the details of the case and provide you with a clear idea of how long your case will take.
It will be important to remember that patience plays an important role in the final outcome of your negligent security case.
How Does Location affect a Negligent Security Case?
Georgia law requires that all property owners keep their properties safe from any foreseeable risks or threats to their clients and customers. This means that if they fail to perform this duty, it is possible that they can be sued for any damages sustained by a guest or patron of their establishment. This includes damages that are caused by a third party, such as in violent crime. There may even be some instances when a property owner will be held responsible for those injuries sustained in a violent crime near their property as well.
Martin v. Six Flags Over Georgia 2017 concluded with a decision by the Georgia Supreme Court found that the approaches of the property are also under the responsibility of the property owner. In this particular case, The courts found Six Flags responsible even though the attack took place off their property lines because the attack had begun and been planned on the property.
But, there are also a few exceptions to the rule of a property owner or business owner liability. For example, if the property owner had invited the guests on the property without charging them any fee for their entry, the responsibility of the property owner is minimal.
The Role of the Property Owners Plays in a Negligent Security Case
In the state of Georgia, there is also a difference in the care a property owner must provide for an invitee, a licensee or a trespasser.
The invitee is someone who has been invited to the property for some reason or another. This could include businesses that invite people, patients or clients into their locations such as dentist offices, hospitals, gyms, amusement parks, shopping malls and gas stations
Furthermore, tenants in the apartment’s complexes and other rented properties are considered invitees by the law. This means that a property owner is required to offer ordinary care for these invites. Failure to do so may result in an injury and the property owner will be liable for the damages.
Licensees and trespassers are not owed a high duty of care and injuries they may suffer will only be when these were caused by wanton and willful injury. If you would like more information on the specifics of Georgia Negligent Security call (404) 383-7552.
How Much Compensation Can I Expect To Receive for Negligent Security?
This is a point that is very difficult to speculate on without having reviewed the details of the case. As a rule of thumb, the more dangerous and harmful the violent crime was and the greater the damages received, the higher the compensation. We can’t give you a precise quote until we have had a look at the details of your case, but we can say that these types of cases generally run in the hundreds of thousands figures.
Call Calvin Smith Law at (404) 383-7552 to get a free confidential quote and consultation with one of our qualified personal injury lawyers.