When a person is on an Atlanta property as a legal visitor or licensee, the property owners have to keep such premises safe. When they fail to do this, the law sees it as negligent security. Therefore, while it is not a crime, it is a breach of the duty of care under tort law, and therefore there would be civil consequences like payment of the settlement.
For a negligent security victim to get compensation, they need the expertise of a negligent security lawyer. However, most people prefer to go after the property alone without hiring an attorney. While their reasons seem valid enough, it often backfires as the premises owner or their homeowner’s insurance provider works with a team of attorneys.
This article looks at why you need to hire an attorney following an injury suffered due to negligent security. If you are a victim of lax security, contact Calvin Smith Law immediately.
What Is Negligent Security Under Georgia Law?
Georgia law mandates all property owners to keep their premises safe. However, it doesn’t mean that premises owners are immediately liable for all injuries caused by a third-party criminal act. Thus, in order to claim negligence and receive compensation, you must show that:
- The premises owner was under a legal duty to conform to a standard of conduct;
- The property owner breached the above duty;
- The breach caused the injury; and
- The injury caused damages. The latter refers to the financial losses caused by the injured. For example, the money spent on medical bills and wages lost while hospitalized.
In addition, Georgia law stipulates that the criminal act must be one “foreseeable” by the property owner or business owner. Georgia courts found three instances where an illegal act would be deemed foreseeable. They are:
- Where a “substantially similar” crime previously happened on the premises. For example, suppose there have been previous burglaries on a property and the owner fails to improve security. Then, they will be liable for any assault that results from a burglary.
- Where a “volatile situation” was brewing on the premises.
- Where the property is in a high crime area, and the owner failed to take additional security measures.
Why You Should Hire a Negligent Security Lawyer
Like in most civil claims, it is okay to go the self-representation way when filing a lawsuit. However, litigants representing themselves are at a distinct disadvantage. But a lawyer puts you at an advantage, protects your rights, and fights to get you a settlement that covers all your losses.
Below are significant ways a negligent security attorney can help you.
Our years representing Atlanta negligent security victims have shown that injury victims often do not know how to assess their damages. There are several “injuries” a person can get compensation for but may not be aware of. For instance, you can focus on your physical injuries alone, while the law makes provision for emotional injuries like mental anguish.
You can even get compensated for post-traumatic stress disorder (PTSD). An Atlanta negligent security attorney is aware of all this. As such, they will factor in all forms of injuries and losses and ask for compensation for past, current, and future damage. In addition, the lawyer knows all the proper evidence required to prove your claim and will make them available.
Identifying the Liable Parties
Again, a premises owner may not be the liable party to commence an action against. Thus, you need to identify all the possible responsible parties. Doing this alone might be demanding as you lack the legal knowledge to know what to look for. But your lawyer will extensively study the facts and carry out research to identify the liable party. Afterward, they will demand a fair settlement.
Carrying Out Negotiations
As mentioned earlier, a property owner and their insurer will have a legal team representing them. These people are experienced in negotiations and will employ tactics you don’t know. The only person who can match them is an Atlanta negligent security lawyer.
Representing You in Court
While most negligent security cases settle out of court, there are instances where it would get to trial. When it does, you need a lawyer to explain legal terms to you, present your case, and argue in your favor.
Contact Calvin Smith Law Today!
At Calvin Smith Law, our experienced Atlanta negligent security lawyers will bring their knowledge and experience to bear on your case. We will work tirelessly until we win for you, so contact us today for a free consultation. We work on a contingency fee basis.