Negligent security claims are often brought by survivors of crime against property owners who failed to keep their premises safe. Tragically, however, many victims die from their injuries in murders, serious assaults, and other violent crimes. Surviving family members have the right to bring wrongful death claims, based on negligent security, against the responsible party.
Having an Atlanta negligent security lawyer represent you will improve your chances of winning the justice your family deserves. That’s where The Law Office of W. Calvin Smith, II, P.C. comes in.
The Basics of a Wrongful Death Claim
When someone engages in negligent conduct that causes injury to another person, the victim may bring a personal injury claim. If the victim dies instead of just suffering an injury, certain surviving family members can pursue a wrongful death action.
Negligence, similar to that alleged in a personal injury lawsuit, is therefore an essential part of a wrongful death action. Our Atlanta wrongful death lawyers can assist you with these claims.
Wrongful death lawsuits actually consist of two underlying components: a survival action and a wrongful death action. The survival action covers compensation for the damages the victim incurred until their death. Those may include medical bills, suffering and conscious pain, lost wages, and more.
Meanwhile, the wrongful death action entails compensation for losses the victim’s loved ones incurred as a result of the death. Among these are funeral expenses and damages relating to the income lost because the victim died.
The deceased victim’s surviving spouse, children, and estate administrator are potential claimants in wrongful death lawsuits.
How Does Negligent Security Factor In?
As with a personal injury claim, the eligible survivors must prove the liable parties were somehow negligent. Under Georgia law, a property owner must take reasonable steps to keep visitors safe. That doesn’t just mean safety from dangerous conditions, like slippery surfaces, but also from criminal activity. Owners and occupiers of land who don’t take these steps can be sued by victims or their families.
It’s important to realize, however, that it’s not enough to prove that the victim died as a result of a crime. No owner can 100% guarantee that guests and visitors won’t be attacked or even killed on their property.
The law, in other words, does not require a property owner to absolutely ensure your safety. But it does obligate owners to use ordinary care to keep the premises safe. This standard considers what a reasonable person would do under the circumstances.
And circumstances are key. A property located in a relatively safe area won’t need the drastic security measures that a high-crime property does. The owners of the two premises would therefore likely adopt different security protocols to meet the ordinary care standard.
A wrongful death claim that asserts negligent security as its basis must therefore consider the specific facts of the case. For example:
- What is the general level of crime in the vicinity of the property?
- Has the property itself experienced criminal activity (giving the owner notice to enhance security)?
- What did the owner do or not do in response to the above?
Let Us Go to Work for You and Your Family
No family should lose a loved one because of another party’s negligence. Our law firm’s objective is to help grieving survivors win the compensation they need during their most difficult moments. If you lost a family member to a preventable crime, reach out to us. Call The Law Office of W. Calvin Smith, II, P.C. today.
