Attorney for Victims of Wrongful Death or Serious Injury in Georgia Apartment Buildings
Table of Contents
- Attorney for Apartment Negligent Security Injury Victims
- What is Apartment Complex Negligent Security?
- What is “Reasonable” Care in Atlanta Apartment Negligent Security Cases?
- Proving Negligence & Causation in an Apartment Complex Negligent Security Case
- Compensation and Damages Recoverable in an Apartment Negligent Security Case
- Types of Injuries Suffered From Negligent Security In An Apartment Complex
- Further Reading on Apartment Complex Negligent Security
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.
Proving Liability and Causation in Apartment Complex Negligent Security Cases
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:
- You or another victim were present on the property lawfully.
- 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.
- The breach of the duty of care caused the victim’s injuries.
- 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.