Atlanta Negligent Security Attorneys

How Long Do I Have to File a Negligent Security Claim?

Under Georgia’s statute of limitations, victims have two years from the date of their injury to file a negligent security claim. However, certain exceptions may apply in specific scenarios, such as negligent security lawsuits involving criminal prosecution. It’s best to consult with a skilled attorney to determine appropriate filing deadlines and ensure your claim is filed correctly and completely. 

Failure to submit your claim within the two-year statute of limitations can result in the dismissal of your case and the loss of potential compensation, making it crucial to seek sound counsel from a negligent security lawyer as soon as possible.

Proving Liability in a Negligent Security Lawsuit

The plaintiff bears the burden of proof in a negligent security lawsuit, which means the injured party is responsible for proving that the property owner’s negligence directly led to their injuries. 

To successfully recover damages, you must establish four key elements: 

1. Duty of care: The property owner had a duty to provide adequate security measures. 
2. Breach: The property owner breached their duty of care. 
3. Causation: The breach directly caused or contributed to the harm suffered by the victim. 
4. Damages: The victim suffered actual harm as a result of the breach. 

Who is Liable for Negligent Security?

In Georgia, several parties can be held liable for negligent security if a person is injured due to inadequate safety measures on a property. Liability can arise when a property owner or occupier fails to provide reasonable security, leading to a crime that causes harm. 

Here are the primary parties who may be held accountable:

• Property Owners: Property owners have a duty to ensure their premises are reasonably safe. This includes taking measures to prevent foreseeable criminal acts. Owners of various types of properties, such as apartment complexes, shopping centers, hotels, and restaurants, can be liable if they neglect security measures.
• Property Managers: Property managers who are responsible for the day-to-day operations of a property may also be held liable. If they fail to implement or maintain security protocols, such as proper lighting, security patrols, or functional locks, they can be found negligent.
• Business Owners: Businesses that invite the public onto their premises have a duty to provide a safe environment. This includes retail stores, bars, nightclubs, and other commercial establishments. If a business fails to take adequate security precautions and a patron is harmed, the business owner can be held responsible.
• Landlords: Landlords have a duty to ensure that their rental properties are safe for tenants. This includes common areas like parking lots, stairwells, and laundry rooms. If a landlord fails to address known security issues or implement reasonable safety measures, they can be liable for injuries resulting from criminal acts.
• Security Companies: If a property hires a security company to provide protection, the security company can be held liable if it fails to perform its duties adequately. This includes negligence in hiring, training, or supervising security personnel, or failing to respond appropriately to threats.
• Event Organizers: Organizers of events, such as concerts, sports games, or festivals, are responsible for the safety of attendees. If they fail to provide sufficient security measures to prevent foreseeable criminal activities, they may be liable for any resulting injuries.
• Maintenance Contractors: Contractors responsible for maintaining the security equipment, such as cameras, alarms, and locks, can be held liable if their negligence in maintaining or repairing these systems leads to a security breach and injury.

Can I Still Recover Damages if I Was Partially At Fault? 

Under Georgia’s modified comparative negligence rule, negligent security victims can still seek compensation even if they are partially at fault for their injuries. However, plaintiffs can only recover damages if they are less than 50% liable for the accident. In other words, if you are found to be more than 50% at fault, you will not be eligible to recover compensation. 

Securing experienced representation from a trusted negligent security lawyer is imperative to establish liability and ensure you’re compensated fairly. Our attorneys are well-versed in the legal intricacies of modified comparative negligence laws to pursue justice and full damages on your behalf.