Atlanta Bars & Nightclubs Negligent Security Injury Attorney | Apolinsky & Associates

Bar & Nightclub Negligent Security Attorney in Atlanta

Representing Victims of Wrongful Death or Injury Due to Bar or Nightclub Negligence

When cases involving nightclub negligent security occur in Georgia, you need an experienced attorney to pursue your civil injury claim. Bars and nightclubs in Atlanta and throughout Georgia can be dangerous places.

As one of Atlanta’s most trusted premises liability lawyers, Stephen Apolinsky provides a high level of legal expertise for victims of nightclub negligence in Georgia. He has won major cases for victims who were injured on commercial properties across Georgia.

The team of Atlanta premises liability attorneys at Apolinsky & Associates, LLC, has the experience and legal capacity to establish a compelling case on your behalf.

What Constitutes Negligent Security in Georgia Bars & Nightclubs?

While nightclubs and bars are excellent places for individuals to come together, socialize, and have fun, these properties unfortunately house inherent risks. Nightclub owners owe a duty of care to their patrons and employees to prevent foreseeable threats to safety.

All Georgia property owners and occupiers, including the owners of nightclubs and bars, have a legal responsibility (OCGA §51-3-1) to protect their invitees or guests by providing ‘adequate’ security. Negligent security occurs when a property owner fails in their duty to protect patrons, guests, or residents from a reasonably foreseeable criminal act.

Some examples of negligent security that occurs in nightclubs include:

  • A lack of security cameras or malfunctioning camera equipment.
  • No alarm system or malfunctioning alarms.
  • A lack of security personnel.
  • Untrained and unqualified security personnel.
  • Doors that cannot be locked.
  • Inadequate or nonexistent lighting.
  • Broken fences or gates.

If an entity fails to provide proper security, and an innocent victim is injured as a result, that property owner may be held legally liable for those injuries. It is important for victims to understand their rights so that they can collect the compensation they are owed.

Proving Liability and Legal Causation in a Nightclub Negligent Security Case in Atlanta

In order to establish that negligence contributed to your injuries suffered at a nightclub or bar, your attorney will seek to prove the following elements:

  • 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.

Compensation and Damages Recoverable in a Nightclub Negligent Security Case

Thankfully, the state of Georgia has no limit on the damages recoverable in a negligent security claim. Victims of injury due to nightclub negligent security may seek damages for the full extent of their losses, including compensation for:

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

While there is no limit on the amount of compensation that a victim may be able to recover, GA Code § 9-3-33  states that due to the statute of limitations, injured parties have just two years to bring personal injury claims forward. After two years has passed since the date of the incident resulting in injury, a court will dismiss your claim.

In many cases, insurance companies will engage in stalling techniques to avoid paying you anything. For these reasons, it is crucial to secure a personal injury attorney experienced in dealing with negligent nightclub security injury claims as soon as possible.

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

Types of Injuries Suffered in Nightclub Negligence Cases

  • Rape & Sexual Assault Case Icon
    Rape & Sexual Assault

    Rape and sexual assaults happen more regularly than they should at bars in Georgia. Victims should consult with a dedicated attorney to achieve compensation for financial, physical and emotional losses.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    According to Georgia’s Uniform Crime Reports, an aggravated assault happens every 20 minutes and 7 seconds. When it comes to compensation for personal injury cases, it’s possible to also collect damages for things like mental anguish or emotional distress.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Victims of spinal cord injuries undergo extensive financial and emotional damages. If you suffer a spinal cord injury in a nightclub, it’s important to ensure your damages are accurately evaluated by an experienced attorney.

    Read More

  • Gunshot Wounds Case Icon
    Gunshot Wounds

    A widespread problem, victims of gunshot wounds caused in or around nightclubs may be liable for compensation, including for medical bills, wages lost, and emotional damage.

    Read More

  • Stabbings Case Icon
    Stabbings

    Landowners can be held liable for violence that ensues on their property – even if they didn’t know about it. As such, victims of stabbing injuries in and around nightclubs may have the right to seek full and fair compensation in civil litigation.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    Unexpected deaths take a massive toll on the victim’s friends and family, both emotionally and financially. If your family has suffered a wrongful death caused at a nightclub, then you are entitled to recover for the loss of value by the life of the deceased.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Bone fractures can be extremely painful, requiring lengthy and expensive periods of medical care on the path to recovery. If you suffered a bone fracture at a nightclub, it’s essential to obtain legal counsel.

    Read More

  • Violent Crimes / Assault and Battery Case Icon
    Violent Crimes / Assault and Battery

    Defendants can include third-party entities that failed in their legal duty to protect the victim. Victims of violent crimes in and around nightclubs need legal representation.

    Read More

Types of Injuries Suffered in Nightclub Negligence Cases

  • Rape & Sexual Assault Case Icon
    Rape & Sexual Assault

    Rape and sexual assaults happen more regularly than they should at bars in Georgia. Victims should consult with a dedicated attorney to achieve compensation for financial, physical and emotional losses.

    Read More

  • Physical Assault Case Icon
    Physical Assault

    According to Georgia’s Uniform Crime Reports, an aggravated assault happens every 20 minutes and 7 seconds. When it comes to compensation for personal injury cases, it’s possible to also collect damages for things like mental anguish or emotional distress.

    Read More

  • Spinal Cord Injury Case Icon
    Spinal Cord Injury

    Victims of spinal cord injuries undergo extensive financial and emotional damages. If you suffer a spinal cord injury in a nightclub, it’s important to ensure your damages are accurately evaluated by an experienced attorney.

    Read More

  • Gunshot Wounds Case Icon
    Gunshot Wounds

    A widespread problem, victims of gunshot wounds caused in or around nightclubs may be liable for compensation, including for medical bills, wages lost, and emotional damage.

    Read More

  • Stabbings Case Icon
    Stabbings

    Landowners can be held liable for violence that ensues on their property – even if they didn’t know about it. As such, victims of stabbing injuries in and around nightclubs may have the right to seek full and fair compensation in civil litigation.

    Read More

  • Wrongful Death Case Icon
    Wrongful Death

    Unexpected deaths take a massive toll on the victim’s friends and family, both emotionally and financially. If your family has suffered a wrongful death caused at a nightclub, then you are entitled to recover for the loss of value by the life of the deceased.

    Read More

  • Broken Bones Case Icon
    Broken Bones

    Bone fractures can be extremely painful, requiring lengthy and expensive periods of medical care on the path to recovery. If you suffered a bone fracture at a nightclub, it’s essential to obtain legal counsel.

    Read More

  • Violent Crimes / Assault and Battery Case Icon
    Violent Crimes / Assault and Battery

    Defendants can include third-party entities that failed in their legal duty to protect the victim. Victims of violent crimes in and around nightclubs need legal representation.

    Read More

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Bar & Nightclub Negligent Security FAQs

Who Handles Bar & Nightclub Negligence Cases?

It is true that in most Atlanta nightclub injuries involving an act of violence, law enforcement is likely going to get involved. However, even if they pursue criminal charges against the assailant/aggressor, that does not help to compensate victims for their medical expenses, lost wages, and physical pain and suffering.

That is why there is a civil process entirely separate from the criminal matter. Some differences between civil and criminal cases:

  • Criminal cases are initiated and managed by law enforcement and prosecutors. Civil cases are initiated by plaintiffs (the person injured), who have power and discretion in deciding which claims to pursue against whom and when/if to settle.
  • Criminal cases must be resolved either through a plea deal or when a judge/jury finds a defendant guilty beyond a reasonable doubt – the highest proof standard. Civil cases can be resolved via settlement or at trial, if the plaintiff can prove their position by a preponderance of the evidence, a lower proof burden.
  • Criminal cases, because of the high proof burden and inherent complexities, do not always succeed. Sometimes, the assailant is never caught. That does not mean a civil case cannot succeed because it is an entirely separate process.
  • Criminal cases are pursued against defendants who have broken state or federal penal codes. Civil injury and wrongful death cases are pursued against those who have violated their duties of care toward certain parties. A civil case for intentional tort can be pursued directly against an attacker. However, insurance won’t cover damages for intentional torts, and those who commit violence in nightclubs don’t have many personal assets that could satisfy a civil judgment. However, insurers usually will cover damages for third-party liability claims, such as negligent security on behalf of the nightclub.

By consulting with a civil trial lawyer in Atlanta as soon as possible after your injury, you ensure all possible avenues of compensation are explored.

How Do I Know If The Bar Or Nightclub Security Was “Adequate”?

To ensure the safety of patrons and guests, nightclubs have a duty of care to provide adequate security. The definition of what constitutes “adequate” security varies from case-to-case and location-to-location. Again, the courts will look at whether the attack was reasonably foreseeable given the history of violence at the club and in the neighborhood.

Generally, nightclubs can provide safety for patrons and guests by taking some of the following measures:

  • Security guards, inside and outside.
  • Metal detectors.
  • Adequate lighting.
  • Security cameras.

If a nightclub fails to provide adequate security given the pattern of previous violence, you may be entitled to recoup financial damages.

Why Is Foreseeability Important in Bar & Nightclub Negligence Cases?

The well-known history of violence at downtown Atlanta bars & nightclubs in recent years is also notable for a key civil litigation purpose: Foreseeability.

Third-party property owners or controllers can be held liable for acts of violence at their venue – even if they had nothing to do with it – if such incidents were reasonably foreseeable AND the owners failed to take prudent, preventative action. But how do we establish the foreseeability of a crime?

As an Atlanta Negligent Security Lawyer can explain, this is typically done by showing a pattern of similar acts of violence on site or in the vicinity. Past acts of violence make future acts of violence reasonably predictable and can form the basis of a strong negligent security claim.

Are Bars & Nightclubs Liable For Incidents That Occur In Their Parking Lots and Nearby Areas?

Bar and nightclub owners in Atlanta are – or should be – well aware of the risk of violence at their establishments, particularly in the downtown region. City leaders have even proposed legislation that would require liquor license holders who own adjacent parking lots to extend security into those areas too.

While formalizing such action in local ordinance is certainly a welcome move, it should be noted that such responsibility has already been recognized by Georgia courts. The 2017 Georgia Supreme Court ruling in Martin v. Six Flags involved a patron who was injured across the street from the park in a violent incident that began with gangs inside the park. The court held the park liable for the man’s injuries.

As previously mentioned in the Martin case, there is legal precedent in Georgia for property owners to be held liable for injuries and acts of violence that occur in adjacent areas, including parking lots.

Specific to nightclubs, the Georgia Court of Appeals ruled in the 1991 case of Confetti Atlanta v. Gray that a nightclub could be liable for inadequate security after a patron was injured by another patron who was intoxicated and ran him over with a truck in the parking lot. The court ruled this was not an unforeseeable, isolated criminal act, but an uninterrupted fight that started in the nightclub, which lacked adequate security. Evidence of prior fights that had occurred both inside and outside the club made future fights foreseeable. Plus, it’s foreseeable that any fight that continues without interruption can escalate to become more violent.

Bottom line: Grounds for inadequate security premises liability claims stemming from incidents outside the actual walls of the club are well-established.

If you’re injured in an Atlanta nightclub, our experienced Georgia injury lawyers will help you formulate the smartest legal strategy given the circumstances of your case.

What Is The Statute Of Limitations In Georgia For Bar & Nightclub Injury Lawsuits?

Georgia’s statute of limitations (GA Code § 9-3-33) dictates that injured parties in Georgia have just two years from the bar/nightclub  incident that caused injury to bring forward their personal injury claims. Once those two years are up, a court will dismiss the claim. It is important to remember that oftentimes, insurance companies will engage in stalling techniques to run out the clock and avoid paying you anything. Contacting an experienced and dedicated personal injury attorney to evaluate your case and advocate on your behalf is the best chance at receiving the compensation that victims deserve.