Whether you live in Atlanta, Savannah, Augusta, or another city in Georgia, big or small, being robbed is a possibility. Under Georgia code, robbery is defined as taking the property of another from the person, or in the immediate presence of another, by use of force, by intimidation or threat, by placing the person in serious fear of bodily injury, or by “sudden snatching.”
A robbery can no doubt be a terrifying experience, and one that results in psychological harm and property losses. If you have been robbed in your apartment, here is an overview of what you need to do know about the different between civil and criminal law, and why your landlord may be partially liable.
Civil vs. Criminal Charges after a Robbery in Georgia
If you report the incident to the police – which you should absolutely do for criminal purposes – the police will open an investigation and pursue criminal charges against the at-fault party (robber). While a criminal conviction will result in criminal penalties for the robber, a criminal conviction is not designed to compensate you for any losses. In order to receive compensation for any harm that you have suffered, including physical harm, psychological harm, and property damage, you will need to file a civil suit.
Filing a Civil Suit after an Apartment Robbery in Georgia
There are typically two parties against whom you may be able to file a civil action to recover damages for your losses after a robbery in Georgia: the burglar, and the property owner/landlord if the property owner/landlord failed to prevent the burglary by providing a reasonable degree of security. For example, if your apartment is located in a neighborhood where multiple burglaries have occurred in the past, it is reasonable to expect that your landlord will provide doors that lock, and perhaps other security measures too such as:
- Video recording;
- Motion-activated lights;
- Locked fencing/gates; and
- An on-site security guard.
Property owners can be held liable for criminal acts that occur on their properties when there is a foreseeable risk of harm (such as a robbery), 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.
Contact Our Georgia Negligent Security Attorneys If You Have Been Robbed in Your Apartment
Being robbed is a very terrifying experience, and can leave you with post-traumatic stress, unreasonable fear and paranoia, property losses or damage, and even physical injuries as well. If you are the victim of a home robbery that you believe could have been prevented but for the negligent security of your landlord, you need to contact our Georgia negligent security attorneys today for a free consultation and information about your options.
The foregoing answer is not legal advice and is merely a general overview. You are advised to consult a lawyer to address your specific situation. Feel free to send comments or questions to: steve@aa-legal.com of Apolinsky & Associates, LLC, or call (404) 377-9191.
