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Navigating the Changes: Understanding the Impact of the New ‘Demand Statute’ (Senate Bill 83) on Personal Injury Law and Insurance ‘Bad Faith' - May 21stRegister

Negligent Security Claims

LegalLiability

While many people know that property owners in Georgia are required to keep their premises in a safe condition for visitors by ensuring that floors are clean and dry, repairing leaks, and placing warning signs in areas that pose a risk of injury, few are aware that property owners are also required to provide adequate security for visitors. Those who fail to fulfill this obligation could end up being held liable if a visitor is injured as a result.

Required Security Measures 

Property owners are responsible for keeping their buildings secure for visitors. Steps that property owners can take to fulfill this obligation include:

  • Installing peepholes in residents’ doors;
  • Installing security cameras and motion sensors in and around the premises;
  • Constructing gates and fences around the property;
  • Placing caution signs in high risk areas;
  • Providing adequate lighting, including floodlights;
  • Updating and repairing locks; and
  • Hiring security guards.

Which of these measures a property owner must undertake will depend on the type of property and the area in which it is located. If, for instance, a property contains residences (e.g. an apartment building), the owner will have a higher responsibility to protect residents from thefts and break-ins. This is especially true in areas where certain types of crime are reported more often.

Examples of Negligent Security 

Negligent security is a type of premises liability claim where victims of violent crime can recover compensation from property owners who fail to provide visitors with sufficient protection. Some of the most common forms of negligent security include:

  • Broken or damaged locks that allow others to gain access to a property and harm residents or steal valuable property;
  • Poor lighting in stairwells and parking lots, which makes it easier for intruders to victimize tenants or visitors;
  • Faulty security systems that allow access to intruders; and
  • Poorly trained or absent security guards.

There are a lot of different crimes that victims can fall prey to when property owners provide this type of negligent security, such as armed robbery, assault, battery, and theft.

Determining Liability for Negligent Security

A lack of a security camera or security guards doesn’t guarantee that an accident victim will be able to file a successful negligent security claim. Instead, courts will assess a variety of factors in attempting to determine whether a property owner knew or should have known that there was a risk that a resident or visitor would become the victim of a crime. This assessment will include a review of the types of criminal activity in the area, whether there is a history of criminal activity on the property, and even the time and exact location of the incident. For help assessing the strength of your own negligent security claim, please reach out to our legal team today.

Savannah Negligent Security Lawyers 

If you or a loved one were injured because of inadequate security, get in touch with the experienced Atlanta negligent security lawyers at Shiver Hamilton Campbell today. You can reach us at 404-593-0020 or via online message.

 Sources: 

law.justia.com/codes/georgia/2010/title-51/chapter-3/article-1/51-3-1

ojp.gov/ncjrs/virtual-library/abstracts/premises-liability-and-negligent-security-issues-and-implications

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