Atlanta Apartment Complex Negligent Security Injury Attorney | Apolinsky & Associates

Apartment Complex Negligent Security Attorney in Atlanta

Attorney for Victims of Wrongful Death or Serious Injury in Georgia Apartment Buildings

For over 35 years, the attorneys at Apolinsky & Associates, LLC, have fought for the families and victims of serious injury and wrongful death due to violent crimes committed in apartment complexes in Atlanta and throughout the state of Georgia.

What is Apartment Complex Negligent Security?

Apartment complex negligent security can refer to any type of failure in the upkeep of an apartment complex that leads to a security breach. Criminals are allowed access to the complex because there was nothing to prevent them from entering, or broken locks and windows allow access to someone’s unit.

Whenever tenants are at risk for injury or harm from a condition that would allow a criminal act to take place, the owner, landlord, or management of an apartment complex can be held liable. Owners and landlords owe their tenants and visitors a duty of care that involves taking reasonable measures to ensure their safety.

What is “Reasonable” Care in Atlanta Apartment Negligent Security Cases?

There’s no law in Georgia that requires a landlord to guarantee the safety of a tenant or guest. However, if the landlord knows (or should know) that crime is a problem in or near their apartment complex, yet takes no reasonable action to bolster safety on site, they may be held accountable.

Although “reasonable” is an objective term, it can mean many things, including:

  • If the crime was “foreseeable” considering the inadequate security measures.
  • Failure to notify residents of a threat or act of crime nearby, and taking appropriate measures to increase security.
  • Adding peepholes to doors.
  • The responsible party’s prior efforts to proactively evaluate the possibility of criminal acts on the property.
  • If there was a pattern or history of known criminal activity in the complex or in the vicinity.
  • If the owner or other party regularly maintained the security measures to ensure they were in good working condition.
  • Whether there are maintenance records for any of the equipment, such as gates, locks, alarms, call boxes, video surveillance, or other equipment.
  • If the gate was broken, or there were other failures at the time of the incident.

These are just a few of the multiple factors involved in determining negligence in an apartment complex case.

If someone is injured in an apartment complex by a shooting that could have been avoided had adequate security measures been installed, maintained, or repaired, the landlord could be found negligent and liable for the tenant’s injury or wrongful death.

The crux of this type of case will rest on one factor: did the apartment complex fail to take reasonable measures to protect you and comparably positioned tenants? As a plaintiff, you’ll have the burden of proof in this type of lawsuit, through four elements:

  1. You or another victim were present on the property lawfully.
  2. The property owner was negligent in breaching the duty of care to provide adequate security measures; you will need to show that the landlord did or did not do something they should have.
  3. The breach of the duty of care caused the victim’s injuries.
  4. The victim suffered tangible, significant losses as a result.

You’ll have to show that the complex’s negligence contributed to at least some of your injuries, and how much in damages you need to compensate you for your losses. This means you must demonstrate that the negligence of the landlord, manager, or owner more likely than not was responsible for your injuries.

Compensation and Damages Recoverable in Georgia Apartment Negligent Security Cases

If you or a loved one have been seriously injured due to negligent security at an apartment complex in Georgia and would like to know what damages can be potentially recovered as part of your case, contact Apolinsky & Associates, LLC, for a free case evaluation.

After an incident, you may be able to recover compensation for your losses, such as:

  • Lost wages.
  • Lost future wages and earning potential.
  • Hospitalization, medical expenses, physical therapy, rehab, and pain management.
  • Pain and suffering.
  • PTSD or other emotional distress.
  • Loss of consortium.
  • Wrongful death, including final medical expenses as well as funeral and burial expenses.

There is no set formula for determining the value of your case. Instead, there are multiple factors involved that will determine the eventual value of your claim, such as:

  • The incident that caused your injuries.
  • The seriousness of your injuries and the required medical treatment to help you.
  • Whether you were involved in the incident.
  • If the injuries prevent you from working.
  • If the apartment complex or its vicinity was known for criminal activity.

The best way to understand the worth of your claim is to speak with an experienced Atlanta premises liability attorney.

Types of Injuries Suffered in Apartment Negligent Security Cases

  • Wrongful Death Case Icon
    Wrongful Death

    If your family has suffered a wrongful death caused by negligent security at a apartment building, then you are entitled to recover for the loss of value by the life of the deceased, and may even be able to recover for the “full value of the life of the decedent.”

    Read More

  • Gunshot Wounds Case Icon
    Gunshot Wounds

    Firearm related crimes occur all too often in Atlanta. Victims of gunshot wounds caused in and around apartment buildings may be liable to recover compensation for medical bills, wages lost, and emotional damage.

    Read More

  • Violent Crimes Case Icon
    Violent Crimes

    Victims of violent crimes like gunshot wounds, stabbings, rape, assault, and battery in apartment buildings should seek legal representation.

    Read More

  • Stabbings Case Icon
    Stabbings

    If you were stabbed in an apartment building due to negligent security, the landowner can be held liable for violence that ensues on their property. It is important for victims to understand their right to seek compensation in civil litigation.

    Read More

  • Rape & Sexual Assault Case Icon
    Rape & Sexual Assault

    Rape and sexual assault in Georgia are alarmingly pervasive in apartment buildings. Survivors are liable to receive financial compensation for medical and emotional costs like ongoing treatment and therapy expenses.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    According to the state’s Uniform Crime Reports, an aggravated assault happens every 25 minutes and 34 seconds in Georgia. We recommend victims of physical assault in and around apartment buildings to consult an experienced legal team.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Victims of spinal cord injuries undergo extensive financial damages. If you suffer a spinal cord injury in an apartment building due to negligence, it’s important to accurately evaluate your damages with an attorney.

    Read More

  • Roof & Ceiling Collapse Case Icon
    Roof & Ceiling Collapse

    Injuries from a roof or ceiling collapse can qualify for legal compensation if there is evidence that an apartment owner failed to conform to building standards, knew there was a defect or danger, and failed to address it.

    Read More

Types of Injuries Suffered in Apartment Negligent Security Cases

  • Wrongful Death Case Icon
    Wrongful Death

    If your family has suffered a wrongful death caused by negligent security at a apartment building, then you are entitled to recover for the loss of value by the life of the deceased, and may even be able to recover for the “full value of the life of the decedent.”

    Read More

  • Gunshot Wounds Case Icon
    Gunshot Wounds

    Firearm related crimes occur all too often in Atlanta. Victims of gunshot wounds caused in and around apartment buildings may be liable to recover compensation for medical bills, wages lost, and emotional damage.

    Read More

  • Violent Crimes Case Icon
    Violent Crimes

    Victims of violent crimes like gunshot wounds, stabbings, rape, assault, and battery in apartment buildings should seek legal representation.

    Read More

  • Stabbings Case Icon
    Stabbings

    If you were stabbed in an apartment building due to negligent security, the landowner can be held liable for violence that ensues on their property. It is important for victims to understand their right to seek compensation in civil litigation.

    Read More

  • Rape & Sexual Assault Case Icon
    Rape & Sexual Assault

    Rape and sexual assault in Georgia are alarmingly pervasive in apartment buildings. Survivors are liable to receive financial compensation for medical and emotional costs like ongoing treatment and therapy expenses.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    According to the state’s Uniform Crime Reports, an aggravated assault happens every 25 minutes and 34 seconds in Georgia. We recommend victims of physical assault in and around apartment buildings to consult an experienced legal team.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Victims of spinal cord injuries undergo extensive financial damages. If you suffer a spinal cord injury in an apartment building due to negligence, it’s important to accurately evaluate your damages with an attorney.

    Read More

  • Roof & Ceiling Collapse Case Icon
    Roof & Ceiling Collapse

    Injuries from a roof or ceiling collapse can qualify for legal compensation if there is evidence that an apartment owner failed to conform to building standards, knew there was a defect or danger, and failed to address it.

    Read More

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Apartment Complex Negligent Security FAQs

What Is Negligent Security in Apartment Complexes?

Apartment owners and managers have certain obligations to their tenants and lawful guests under local, state, and federal laws.

Georgia apartment complex negligence cases mostly result in a type of personal injury claim known as premises liability. Victims may be compensated if the owner of the apartment complex is found to have been negligent of maintaining proper safety standards, inspections, and general upkeep in many areas that can pose a risk to tenants. The State of Georgia has laws in place that require landowners to maintain the safety and sufficiency of their property so that it does not pose an unreasonable risk or harm to authorized visitors.

As for trespassers, the duty of care owed by apartment complexes is usually quite low; they just can’t set traps or intentionally harm the person. The exception to this relaxed duty is when there is an attractive nuisance and the trespasser is, for example, a child too young to understand the danger. Swimming pools are an example of an attractive nuisance. Apartment complexes have a responsibility to ensure such features are reasonably secure for this reason.

Damages you might seek in such a case would include compensation for medical bills, lost wages, pain and suffering, loss of life enjoyment, mental and emotional anguish, and wrongful death. Affected spouses of the person injured might additionally pursue claims for loss of consortium.

You can place your confidence in Apolinsky & Associates to handle your case diligently and with care when you file a claim against apartment negligence.

I Was Attacked at an Apartment Complex - Won’t the Cops Handle This?

If you are physically attacked at an apartment complex, it is true that when police are alerted, they will launch an investigation, determine if a crime was committed, and possibly file charges and work with prosecutors in pursuit of the alleged perpetrator(s). However, that is an entirely separate issue from whether you can pursue civil damages. Criminal matters are spearheaded by prosecutors, who must prove beyond a reasonable doubt that the attacker committed the alleged offense(s). The criminal court may even order the attacker to pay you restitution. But that is not the same as a third-party civil claim.

A civil claim for damages following an attack at an apartment building is something you would initiate by filing a lawsuit against the apartment owner, security company, and (in some cases) directly against the attacker. Your claim will assert the defendant’s liability for damages stemming from your physical and psychological injuries that occurred in the attack.

When Can Apartment Complexes Be Held Liable For Negligent Security?

There are typically two parties against whom you may be able to file a civil action to recover damages for your losses after a criminal attack at an apartment complex: The perpetrator, and – if they failed in their legal duty to ensure the site was reasonably safe for lawful guests – the property owner/landlord.

Property owners can be held liable for criminal acts that occur on their properties when there is a foreseeable risk of harm to lawful guests and the property owner does not take measures to reasonably prevent the harm from occurring. This means that property owners are only liable when they fail to act in a manner that is reasonable for a foreseeable criminal act or instance of harm.

Examples of safety measures that a landlord can take to promote the security of their tenants include acts such as:

  • Installing security cameras around the apartment complex.
  • Improving the lighting around the complex.
  • Installing or locking security gates.
  • Putting up perimeter fencing.
  • Hiring security guards to conduct patrols of the complex’s grounds.

If you have been injured or physically attacked at an Atlanta apartment complex, speak with an experienced attorney as soon as possible to better understand your rights and the viability of a possible claim.

What Is The Georgia Statute Of Limitations For Apartment Complex Injury Civil Suits?

Under GA Code § 9-3-33, the statute of limitations dictates that parties injured in and around apartment complexes in Georgia have just two years to bring their personal injury claims forward. After those two years, a court will dismiss the claim. Victims of injuries caused in and around an apartment complex should remember that oftentimes, insurance companies will engage in stalling techniques to run out the clock and avoid paying victims anything.

To pursue a civil claim, victims are advised to contact a personal injury lawyer experienced in traumatic brain injury cases to build your case.