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Can I hold a property owner liable if an attack in their parking lot injures me?

On Behalf of | Oct 3, 2024 | Negligent Security

It could happen to anyone. After a meal at a local restaurant or a show at a local theater, you could go out to your car in a dimly lit parking lot after saying goodbye to friends. Perhaps there is no security personnel present, or several of the parking lot lights are out creating dark areas. As you approach your car, you could find yourself attacked by an assailant attempting to take your wallet, your phone, and your car keys. The attack may leave you with serious injuries that require medical attention. This could lead to the inability to go to work. The bills for medical treatment and lost wages from the inability to work can quickly leave you in a financially precarious spot. This scenario is even more frustrating since proper lighting and the presence of security personnel could have deterred the attacker.

What happens in this situation? What are the victim’s options? If you think it seems unfair for the victim to bear the burden of the financial expense, you are not alone. Lawmakers agree and have put in place laws that victims can use to hold the business liable for failing to provide a safe area for their patrons.

What is negligent security?

Negligent security is a legal concept often used in personal injury cases where negligent security measures contribute to an individual’s harm. In Georgia, property owners, including retail stores, hospitals, and restaurants, have a duty to provide reasonable security measures to protect patrons from foreseeable harm.

Negligent security refers to a situation where a property owner fails to implement reasonable security measures, resulting in personal injury or assault.

What are examples of negligent security?

Identifying negligent security can be pivotal in understanding your rights and potential for a claim. Common examples include:

  • Lack of adequate lighting in a parking lot
  • Insufficient security personnel
  • Faulty security equipment such as broken locks or non-functional surveillance cameras
  • Failure to respond to known security threats or previous incidents

If you have been injured in an attack in a parking lot or similar setting, you may have grounds for a negligent security claim. Understanding the legal options and necessary actions is crucial for pursuing justice and compensation.

What steps should I take after an incident?

It is important to keep proper documentation if you suspect negligent security contributed to your injuries. Keep records of details related to the incident, including photos of the scene, a copy of the police report, and medical records. Taking detailed notes can provide valuable evidence if you decide to move forward and build a negligent security claim. These steps can significantly influence the outcome of your case.

It is important to note that these types of claims often have a time limit. Time limits, or the statute of limitations, often begin at the time of the injury. Although this can be true in negligent security cases, there are some exceptions. It is wise for those who are attempting to navigate these claims to seek legal guidance with experience in this niche area of the law to review how the statute of limitations impacts their claim and help gather evidence to build their case.