When entering a commercial property, you assume that you will be safe from impending harm. However, sometimes that is not the case.
Due to several contributing factors, a violent act by a third party can occur, such as battery, robbery, assault, or rape, leading to a victim suffering severe injuries. The property owner is responsible for ensuring a safe environment and protection for all patrons in the establishment; this can constitute negligent security if they fail to do so.
What is Negligent Security?
Negligent security is a category of premises liability, which involves a victim being attacked by a third party and suffering an injury, and holding the commercial property owner or business owner liable for the damages and the criminal attack that occurred.
To prove a negligent security case, you must establish evidence through these crucial elements:
Duty of Care
To hold a property owner liable for the damages, the injured person must prove that the property owner failed to provide a duty of care to protect the victim from a foreseeable violent attack on the premises. If the property owner failed to implement reasonable care by lacking adequate security measures or if the crime was foreseeable, the owner should have known or taken safety precautions to protect patrons from impending harm.
According to O.C.G.A. §51-3-1, the landowner may be held accountable for damages caused by his failure to exercise reasonable care in ensuring that the property is safe for visitors.
Breach of Duty
If the property owner failed to provide reasonable security measures on the premises and, as a result, the property became an unsafe environment, this could constitute a breach of duty. The victim must prove that the property owner breached the duty of care by failing to implement measures that a reasonable person would under the circumstances such as:
Failure to maintain proper lighting, especially in dark areas surrounding the property or in parking lots.
Failure to hire trained security personnel guarding the premises.
Failure to install and monitor surveillance cameras and adequate security protocols.
Failure to secure locks and gates on the property.
Lack of appropriate security and alarm systems surrounding the premises.
If the property owner failed to take necessary steps to prevent a crime from occurring, or if a crime has previously occurred on the property and the property owner did not take reasonable actions to prevent another crime from happening, they may be held liable for the damages that occurred
Breach of Duty Led to Injuries
If the victim was attacked on a property and suffered devastating injuries as a result of the inadequate security, the property owner failed to uphold their duty to protect the patron from a dangerous crime. To receive compensation, the victim must prove that the insufficient security measures led to their injuries. If the business owner had taken proper security measures, the crime could've been preventable.
Investigating negligent security claims can be challenging; the compensation depends on the severity of the damages and the state in which the lawsuit was filed. The damages may include economic damages and non-economic damages. Monetary damages may consist of financial losses due to the nature of the injury, such as medical bills, lost wages, and property damage. Non-economic damages refer to non-monetary losses from the injury, such as emotional distress, pain, and suffering.
Contact a Macon Negligent Security Attorney
At Adams Law Firm our attorneys have decades of legal experience fighting for those who have been injured due to another’s negligence. If you or a loved one has suffered harm as a result of negligent security, contact us at (478) 845-1961 for a free case consultation; let us help you obtain the compensation you deserve.