Atlanta Negligent Security Attorney for Injury & Wrongful Death

Atlanta Negligent Security Attorney

Atlanta Negligent Security Attorney for Victims of Serious Injury & Wrongful Death

When injuries are sustained in a criminal attack, they are always made more serious when the cause of the incident can be attributed to the negligence of another. In so many cases, particularly in urban areas like Atlanta, many crimes that occur could have been entirely avoided if the proper security measures had been in place. Negligent security provides an easy avenue for crime to occur and for people to become victimized.

If you suspect that you or a loved one sustained serious injuries or died due to third-party negligence and inadequate security measures, the Atlanta Negligent Security Attorneys at Apolinsky & Associates, LLC, may be able to help you recover damages and compensation for your injuries. To determine if you have a legitimate legal case to recover damages for your injuries, contact our Negligent Security Law Firm in Atlanta immediately for a free case evaluation.

What is Negligent Security in Georgia?

All Georgia property owners and occupiers have a legal responsibility (O.C.G.A. §51-3-1) to provide their invitees or guests with ‘adequate’ security that meets reasonable expectations. Negligent Security occurs when a property owner fails to protect patrons, guests, or residents from a violent, criminal act that was reasonably foreseeable.

If a commercial entity fails to provide proper security, and an innocent victim is injured as a result, that property owner can be held legally liable for those injuries in civil court by filing a negligent security claim.

Common Causes of Injury Due to Negligent Security

Negligent security, also sometimes referred to as inadequate security, can take many forms and lead to many types of catastrophic injuries. Some examples include:

Examples of Negligent Security that Lead to Injury

Negligent security claims may be applicable when the owner of a property or management company fails to:

  • Provide adequate lighting.
  • Equip a building with secure locks.
  • Provide video surveillance.
  • Install security/automatic lighting.
  • Search bags/jackets before allowing individuals to enter a property.
  • Equip the building with a security guard/property manager to monitor grounds.
  • Provide a fence or gated entryway.
  • Otherwise fulfill their duty to provide a reasonable amount of security to prevent against violent crime.

The Atlanta negligent security attorneys at Apolinsky & Associates, LLC, can help you pursue a case to get fair and just compensation by holding the property owners or occupiers accountable.

Proving Negligence and Causation In Georgia Negligent Security Cases

A key element of proving a negligent security case is establishing what is called reasonable foreseeability. Property owners and managers are not expected to be psychic, but where certain conditions exist, the landowner can be presumed to have reasonably foreseen the possibility of danger and the present need to improve security.

Regardless of the accident that caused you to suffer an injury, proving negligence played a factor in your case is essential to winning and getting fair compensation. In order to do so, you will need to establish that:

  • A duty of care existed, and the defendant owed you a level of responsibility.
  • The defendant breached the duty of care and responsibility.
  • That breach directly caused your injuries.
  • You suffered damages that resulted from the breach of care.

Under GA Code § 9-3-33, the statute of limitations holds that injured parties have two years to bring personal injury claims forward. After two years, a court will dismiss your claim. Oftentimes, insurance companies will engage in stalling techniques to avoid paying you anything. It is important to begin working with a personal injury attorney experienced in dealing with negligent security injury claims as soon as possible to build your case.

Compensation and Damages Recoverable in a Negligent Security Lawsuit in Georgia

Victims of negligent security deserve financial compensation that is equivalent to the full value of their losses. In Georgia, compensation is available for both direct economic losses and intangible (noneconomic) damages. In many cases, negligent security cases are defended by corporations or big insurance companies, which will always fight aggressively to try to limit settlement offers, reducing the amount of compensation victims can receive.

In the state of Georgia, there are no limits on damages recovered in a negligent security injury claim. Victims may seek damages for the full extent of their losses, including compensation for:

  • Pain and suffering.
  • Psychological injuries.
  • Medical expenses.
  • Lost wages.
  • Property damage.
  • Decreased quality of life.

If you or a loved one have been seriously injured due to negligent security 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.

Types of Injuries Suffered Due To Negligent Security

  • Wrongful
    Death
    Case Icon
    Wrongful
    Death

    Unexpected deaths take a massive toll on the victim’s friends and family. If your family has suffered a wrongful death due to negligent security, then you are entitled to recover for the loss of value by the deceased’s life.

    Read More

  • Spinal Cord
    Injury
    Case Icon
    Spinal Cord
    Injury

    Average annual expenses for someone with a spinal cord injury are about $576,000 the first year and $75,000 each year after that. If you have a spinal cord injury due to negligent security, you’re entitled to significant damages.

    Read More

  • Brain
    Injuries
    Case Icon
    Brain
    Injuries

    If you’ve suffered a Brain Injury from a blow, jolt, or bump to the head due during a criminal attack because of negligent security, you may be entitled to financial assistance from the responsible party.

    Read More

  • Gunshot
    Wounds
    Case Icon
    Gunshot
    Wounds

    The State of Georgia records more than 500 firearm-related homicides annually, most of which occur in the Atlanta region. If you’ve suffered a gunshot wound due to negligent security, get the financial help you deserve.

    Read More

  • Stabbings Case Icon
    Stabbings

    Stab wounds range in severity, from minor to fatal. Such an act can leave victims emotionally, mentally, and physically traumatized. Negligent security can create an environment for stabbings to occur.

    Read More

  • Rape & Sexual
    Assault
    Case Icon
    Rape & Sexual
    Assault

    In cases of heinous acts like rape and sexual assault aided by negligent security, victims can receive financial compensation for losses incurred including emotional trauma, medical bills, therapy, and other damages.

    Read More

  • Violent Physical Assault Case Icon
    Violent Physical Assault

    Physical assault and battery is categorized as a violent crime, often occurring in environments with inadequate security. In these cases, survivors are potentially due significant financial compensation.

    Read More

  • Paralysis Case Icon
    Paralysis

    Paralysis injuries that result due to acts of violence aided by inadequate security can lead to not only the loss of motion, but also a loss of wages and future career opportunities – and other damages the injured are entitled to.

    Read More

Types of Injuries Suffered Due To Negligent Security

  • Wrongful
    Death
    Case Icon
    Wrongful
    Death

    Unexpected deaths take a massive toll on the victim’s friends and family. If your family has suffered a wrongful death due to negligent security, then you are entitled to recover for the loss of value by the deceased’s life.

    Read More

  • Spinal Cord
    Injury
    Case Icon
    Spinal Cord
    Injury

    Average annual expenses for someone with a spinal cord injury are about $576,000 the first year and $75,000 each year after that. If you have a spinal cord injury due to negligent security, you’re entitled to significant damages.

    Read More

  • Brain
    Injuries
    Case Icon
    Brain
    Injuries

    If you’ve suffered a Brain Injury from a blow, jolt, or bump to the head due during a criminal attack because of negligent security, you may be entitled to financial assistance from the responsible party.

    Read More

  • Gunshot
    Wounds
    Case Icon
    Gunshot
    Wounds

    The State of Georgia records more than 500 firearm-related homicides annually, most of which occur in the Atlanta region. If you’ve suffered a gunshot wound due to negligent security, get the financial help you deserve.

    Read More

  • Stabbings Case Icon
    Stabbings

    Stab wounds range in severity, from minor to fatal. Such an act can leave victims emotionally, mentally, and physically traumatized. Negligent security can create an environment for stabbings to occur.

    Read More

  • Rape & Sexual
    Assault
    Case Icon
    Rape & Sexual
    Assault

    In cases of heinous acts like rape and sexual assault aided by negligent security, victims can receive financial compensation for losses incurred including emotional trauma, medical bills, therapy, and other damages.

    Read More

  • Violent Physical Assault Case Icon
    Violent Physical Assault

    Physical assault and battery is categorized as a violent crime, often occurring in environments with inadequate security. In these cases, survivors are potentially due significant financial compensation.

    Read More

  • Paralysis Case Icon
    Paralysis

    Paralysis injuries that result due to acts of violence aided by inadequate security can lead to not only the loss of motion, but also a loss of wages and future career opportunities – and other damages the injured are entitled to.

    Read More

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Georgia Negligent Security Injury Lawsuit FAQs

Can Property Managers Be Held Liable For Negligent Security?

The responsibility of a property manager to tenants or guests is the same or similar to that of property owners, pursuant to Georgia’s premises liability law, O.C.G.A. 51-3-1. The statute states that “where an owner OR OCCUPIER of land” invites, induces or leads someone else onto the site for a lawful purpose, he or she is liable to those invitees for failure to exercise ordinary care for keeping the property and its entrances safe.

What this means is a property owner or occupier has a responsibility to repair problems that make the property unsafe or that could result in injury or to warn tenants or guests about the danger so they can avoid it. However, property managers (similar to property owners) are typically only responsible for conditions that are known or should be known and for causes of injury that are reasonably foreseeable.

Property owners usually aren’t liable for injuries that occur when:

  • The guest or tenant is aware of the unsafe condition and fails to take reasonable precaution to protect themselves.
  • The perilous conditions are obvious, and one could reasonably be expected to have noticed and avoided it.
  • The property management company had no prior knowledge of the unsafe condition and could not have reasonably been expected to know about it.
  • The person injured misused the property in some way that resulted in causing the dangerous condition.

What Are Common Examples Of Negligent Security?

Negligent security can occur in many different areas, from hotels, workplaces, restaurants, bars, gas stations, parking lots, apartment buildings, and shopping centers.

Common examples of negligent security include:

  • Improperly maintained elevators
  • Lack of security personnel/poorly trained security personnel
  • No security cameras in hallways, stairwells
  • Poorly lit parking lots
  • Doors that cannot lock
  • Lack of/poorly maintained alarm system

Can I Sue My Property Management Company For Negligent Security?

In Atlanta, as in many densely-populated cities where many people rent apartments or own condominiums, property management companies are common. These companies can be held liable for negligence when a lack of security or failure to warn tenants/guests of a risk of danger results in injury to a tenant or guest. Your success in suing your property management company for negligent security will depend on the individual circumstances of your case.

As Atlanta injury attorneys can explain, it’s important to look closely at the agreement struck between the owner and the property management firm. In many cases, the latter are contractually obligated to conduct semi-regular safety inspections, perform repairs, monitor security, and exercise due diligence in identifying dangerous conditions and promptly initiating repairs.

If you believe that your injuries were caused by negligent security on the part of a property manager/owner, contact Apolinsky & Associates for a case consultation.

Can a Security Guard Be Held Liable for Negligence?

In short – yes. Security guards, night watchmen, and doormen can be held liable for negligence if they fail to exercise the reasonable care that would be expected of them in their job role, and if that failure results in injury or damage to an individual or to property.

To lessen liability risk, property owners should ensure that security teams are trained regularly to both live up to the regulations associated with the role and to provide patrons with reliable security.

Are Homeowners Associations Subject to Negligent Security?

If you were injured in a residential community overseen by a homeowner’s association, the homeowner’s association may be held responsible if it can be proven that they failed to uphold their duty to maintain adequate security in common areas.

Victims of injury caused by negligent security should meet with an experienced and dedicated personal injury lawyer to see if their homeowner’s association could potentially be a defendant in their case.

What Is The Georgia Statute Of Limitations For Negligent Security Civil Lawsuits?

According to Georgia’s statute of limitations, any personal injury lawsuit must be filed within 2 years of the incident resulting in injury (GA Code § 9-3-33). Based on this statute, if an injured victim of negligent security tries to file their lawsuit after the 2-year window is up, the court will most likely refuse to hear it and the victim will lose any right to receive compensation for their injuries.

Another important thing to consider about the statute of limitations is that oftentimes when insurance companies are involved, they may engage in stalling or delaying tactics in order to run out the clock and avoid paying victims their due compensation. For this reason as well as the multitude of complex factors that apply to the statute of limitations, we recommend victims of negligent security contact a dedicated attorney experienced in handling cases of negligent security.

Based on this Georgia statute of limitations alone, it is best to take legal action regarding your single-vehicle accident injury as soon as possible. At Apolinsky & Associates, LLC, our Atlanta personal injury lawyers take the time to collect evidence and witness statements in pursuit of your single-vehicle accident lawsuit.