Helping Premises Liability Victims in Georgia
Atlanta Premises Liability & Negligence Attorney Stephen Apolinsky
If you are a customer or permitted guest, then an Atlanta business or property owner owes you certain legal obligations. Specifically, the property owner or occupier must ensure that their premises are in reasonably safe condition. This means that businesses and property owners have a duty to mitigate against all types of safety hazards, including potential criminal attacks.
Security lapses can leave innocent people vulnerable to crimes. In the worst cases, the results can be devastating; from shootings or stabbings to muggings or sexual assault, the victim may be left with serious injuries, or worse. While the criminal certain bears responsibility for their actions, the negligent business or property owner must also be held accountable.
Our Atlanta premises liability attorneys have extensive experience handling all types of negligent security claims. Whether you were attacked at an apartment complex, a hotel, business, or anywhere else, our legal team is ready to work aggressively to help you recover the full and fair financial compensation that you rightfully deserve. Although our offices are centrally located in Decatur, our attorneys handle cases all throughout Dekalb County and even into other parts of Georgia and Alabama.
When Can Property Owners Be Held Liable in Georgia?
Premises liability claims are generally filed under state law. If you are bringing a negligent security lawsuit against a property owner or business in Atlanta, your claim will likely be brought under Ga. Code Ann. Sec. § 51-3-1. This section of Georgia law requires property owners and occupiers to exercise ordinary care in keeping their premises reasonably safe. The failure to provide adequate security is a violation of this statute. To hold an Atlanta business or property owner legally liable under this statute, you will be required to prove the following four things:
- Duty: To start, injured victims must be able to establish the defendant actually owed them a duty of care. If a victim was trespassing at the time of an attack, then they may not be able to hold the property owner liable for their injuries.
- Breach: Plaintiffs are required to prove that, in some manner, the defendant failed to take proper security precautions.
- Causation: Defendants are only liable for injuries that are actually related to their negligence. Victims must be able to prove a causal link between the property owner’s negligence and their injuries.
- Damages: Lastly, victims must prove the value of their damages. If damages cannot be proven, then victims will not be able to get the full settlement offer or jury verdict that they deserve.
What is Negligent Security?
All Georgia property owners and occupiers have a legal responsibility to provide their guests with ‘adequate’ security. If a commercial entity fails to provide proper security, and an innocent victim is injured a result, then that property owner can be held legally liable through a negligent security claim.
This raises an important question: What constitutes adequate security? It depends entirely on the specific circumstances of the case at hand. Business and property owners must provide security that meets reasonable expectations.
For example, a large nightclub that serves alcohol has far different security requirements than does a ‘mom and pop’ restaurant. Ultimately, all premises liability claims must be handled on a case-by-case basis. For this reason, it is imperative that injured victims are represented by a skilled Atlanta negligent security lawyer. Our law firm has the skills and experience to handle all types of premises liability claims, including those against:
- Apartment complexes;
- Hotels and motels;
- Retail stores;
- Large commercial shopping malls;
- Restaurants, bars, nightclubs;
- Concert venues;
- Banks and other financial institutions;
- Office buildings;
- Parking garages;
- Assisted living facilities;
- Hospitals and other medical centers;
- Colleges and universities; and
- Publicly owned entities, including transit operations.
Common Examples of Negligent Security
Negligent security comes in a wide array of different forms. If you believe that you or your family member was seriously injured as a result of poor security, then you should contact our Atlanta premises liability attorneys immediately. We will conduct a comprehensive review of your claim and determine what steps you need to take to protect your legal rights and your ability to recover compensation. Some of the most common examples of negligent security that we see include:
- Negligent hiring or training: Companies have a duty to conduct proper backgrounds checks on employees. If you or your loved one was severely injured by an employee, whether in an assisted living facility, daycare center, school, or at any other business, then the employer may be held liable.
- Inadequate employee supervision: In addition to putting in strong hiring procedures, companies and other employers must also make proactively supervise all representatives. Dangerous misconduct cannot be allowed to occur or persist.
- Lack of trained security personnel: If you were attacked because there were no security personnel on site, or because there was an insufficient number of trained security officers, then you may have a viable premises liability claim.
- Inadequate screening at entrances: Property owners and occupiers are required to put in adequate screening measures at all entrances. Some doors should be locked from the outside; others may require people to log in their information, or that they pass through screening by a security officer.
- Broken windows or locks: Unfortunately, criminal attacks sometimes happen because of windows or locks that were left negligently unrepaired by property owners or businesses. This is most frequently an issue in cases involving attacks at hotels, motels, and apartment buildings.
- Insufficient lighting: Adequate lighting can do a lot to deter criminal activity. If you sustained a serious injury because of an attack that occurred in dangerously dark conditions at an Atlanta property, then we suggest you consult with an attorney immediately.
Compensation Available to Injured Victims
Through a premises liability claims, severely injured victims can seek full compensation for their damages. Under Georgia law, negligent property owners can be held legally liable for a victim’s direct monetary losses and for certain non-economic damages. The ultimate value of a premises liability claim depends entirely on the specific circumstances of the case. Injured victims and their families members should always be represented by an experienced Atlanta premises liability lawyer. Our legal team is committed to helping seriously injured victims maximize their financial recovery. You may be entitled to compensation for:
- Theft of money or property;
- Emergency medical bills;
- Ongoing medical care;
- Rehabilitative treatment;
- Long-term disability;
- Lost wages;
- Diminished earning capacity;
- Other related economic losses;
- Pain and suffering;
- Emotional distress;
- Loss of life enjoyment; and
- The wrongful death of a family member.
Contact Our Atlanta Premises Liability Attorney Today
If you or a family member was hurt on another person’s property, then you may be entitled to financial compensation. At this time, it is imperative that you consult with an experienced Atlanta premises liability attorney immediately. For a fully confidential legal consultation, please do not hesitate to contact our law firm today.
The foregoing information, answers, and situations are not legal advice and are merely a general overview to provide context. You are advised to consult a lawyer to address your specific situation regarding premises liability cases. When individuals experience injurious legal matters involving premises liability or negligent security, Atlanta trial lawyer Stephen Apolinsky has a history of success helping clients get fair compensation for their case. With over 30 years of experience and recognized as one of the Top 100 Trial Attorneys in Georgia, Stephen Apolinsky can provide the legal expertise you need for your premises liability lawsuit.