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Negligent Security

Was it foreseeable that a criminal act would occur? Generally speaking, Georgia law holds that an occupier or owner must keep their premises safe. Negligent security claims can exist in:

  • Parking garages
  • Malls or shopping centers
  • Hotels
  • Motels
  • Apartments
  • Colleges

These cases are fact specific, and the law is evolving in this area of practice, due in part to “apportioning damages” between multiple parties. We represented a client who was attacked and beaten in her hotel room. The owners were aware of poor lighting conditions, prior police reports and problem with locks, and disregarded these risks until they were held accountable. The courts look closely at apportioning damages between the criminal, the landowner/occupier and the plaintiff. If the plaintiff disregards their own safety, then the jury could apportion a part of the damages to the landlord and/or criminal.

In Georgia, the claims arise from:

  • Improper lighting conditions
  • Inadequate or lack of fencing
  • Faulty or inadequate locks
  • Failure to properly screen employees
  • Pattern of disregarding security alerts
  • Lack of or inadequate security patrols

These injuries are often traumatic and violent, leaving victims with medical expenses, mental suffering, physical pain and lost wages. Proving liability is not easy and centers on if it was foreseeable that a criminal act would occur. Contact Coleman, Chambers & Rogers, LLP, to speak with an attorney in Gainesville at 678-601-2495.

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