Understanding Your Rights as a Victim of Negligent Security

Negligent security in Atlanta poses significant dangers, as it can lead to severe harm and even fatalities for unsuspecting individuals. When property owners or managers fail to implement adequate security measures, such as proper lighting, surveillance cameras, security personnel, and controlled access points, they leave residents, employees, and visitors vulnerable to crimes like assaults, robberies, and burglaries. If you have suffered injuries due to negligent security, it is time to talk to a dedicated Atlanta premises liability lawyer with experience in negligent security injury claims for financial damages.

Your Rights as a Victim of Negligent Security in Atlanta

As a victim of negligent security in Atlanta, you have specific rights under civil law to seek financial compensation for the harm you have suffered. When property owners or managers fail to provide adequate security measures, resulting in criminal acts that cause injury or damage, you can pursue a civil claim to recover financial damages. Awareness of your rights and the legal avenues available can help you obtain the compensation you are entitled to for your injuries and losses.

Right to Compensation for Injuries and Losses

• Medical Expenses: You are entitled to recover costs related to medical treatment, including emergency care, surgeries, hospital stays, medication, rehabilitation, and any future medical needs resulting from the injuries.
• Lost Wages: If your injuries have caused you to miss work, you can claim compensation for lost wages. This includes both past and future earnings if your ability to work has been compromised.
• Pain and Suffering: You have the right to seek compensation for physical pain, emotional distress, and psychological trauma resulting from the incident. This encompasses both the immediate impact and any long-term suffering.

Right to Hold Negligent Property Owners Accountable

• Duty of Care: Property owners and managers have a legal duty to ensure the safety of their premises. This includes implementing reasonable security measures to protect visitors, tenants, employees, and patrons from foreseeable criminal acts.
• Breach of Duty: If a property owner fails to meet this duty by providing inadequate security, and you suffer harm as a result, you have the right to hold them accountable for their negligence through a civil claim.

Right to Legal Representation

• Hiring an Attorney: You have the right to seek legal representation to navigate the complexities of a negligent security claim. An experienced attorney can advocate on your behalf, negotiate with insurance companies, and represent you in court if necessary.
• Skillful Guidance: Your attorney will provide expert guidance on the best legal strategies, help you gather and present evidence, and ensure that your rights are protected throughout the legal process.

Right to a Fair Settlement or Verdict

• Negotiation and Litigation: You have the right to pursue a fair settlement with the property owner’s insurance company. If a reasonable settlement cannot be reached, you can take your case to trial for a judgment.
• Maximizing Compensation: Your attorney will work diligently to maximize your compensation, taking into account all current and future losses, ensuring that you receive a fair and just financial recovery.

Modified Comparative Negligence Rule in Georgia: Your Right to Recover Damages Even if You are Partially at Fault 

In Georgia, negligent security cases operate under modified comparative negligence principles, specifically adhering to the state’s 50% Bar Rule. This legal framework allows injured parties to seek damages even if they are partially at fault for their injuries, as long as their degree of fault does not exceed 50%. Under this rule:

• Modified Comparative Negligence: You can recover damages proportionate to the other party’s fault, but your recovery is reduced by your percentage of fault.
• 50% Bar Rule: With that said, if the court determines that you’re 50% or more at fault for your injuries, you’re barred from recovering any damages from other negligent parties.

In negligent security cases, this means that if you are found partially responsible for your injuries due to actions like disregarding warnings or failing to take reasonable precautions, your recovery of damages will be adjusted accordingly.

Importance of Legal Counsel

Dealing with comparative fault in negligent security cases can be complex. Legal representation in these cases can prove critical to your financial recovery.

• Defense Against Fault Allocation: Your attorney can argue against an exaggerated percentage of fault assigned to you, ensuring a fair assessment.
• Maximize Recovery: By presenting a strong case for the negligence of other parties, your attorney can maximize the damages you are eligible to receive despite your partial fault.

Two Recent Judgments of the Georgia Supreme Court on Negligent Security

Carmichael Case: Duty of Care and Foreseeability

In the Carmichael case, the Georgia Supreme Court stated that property owners have a duty to protect visitors from foreseeable criminal acts. This duty hinges on the reasonable foreseeability of crime, meaning property owners must anticipate and address potential risks based on past incidents or other relevant factors.

The court ruled that the reasonableness of security measures should be evaluated by balancing their cost and feasibility against the likelihood and severity of foreseeable harm. This ensures that property owners implement appropriate security measures without imposing undue financial burden.

Importantly, the court affirmed that prior crimes do not need to be identical to establish foreseeability. This decision expands the criteria for determining foreseeable risks, allowing victims to establish liability based on a broader range of past incidents.

Welch Case: Establishing Foreseeability

In the Welch case, the Georgia Supreme Court addressed the issue of reasonable foreseeability and its role in establishing liability for security companies. The court disagreed with a previous ruling by the Court of Appeals, which had set a high threshold for what constitutes reasonable foreseeability based solely on police reports.

Instead, the Supreme Court held that reports of property crimes in the surrounding area could raise legitimate concerns about the foreseeability of criminal acts. This decision underscores the importance of considering local crime data and other relevant factors when assessing security needs and potential liability.

By clarifying that security companies can be held liable if they fail to provide adequate security measures in light of foreseeable risks, the court reinforces the obligation of security providers to protect against reasonably anticipated criminal activity.

These judgments provide important guidance on the standards of care and liability in negligent security cases, ensuring that property owners and security companies take appropriate measures to safeguard against foreseeable harm. The judgments also make it clear that injured victims have definitive avenues for seeking legal recourse.

Get Legal Representation from a Highly-Rated Atlanta Negligent Security Attorney

If you have been harmed due to negligent security in Atlanta, you need a dedicated advocate who understands the complexities of these cases and will fight for your rights. Atlanta premises liability lawyer Tanya F. Miller at Miller Injury Trial Law brings extensive experience and a commitment to justice for victims of negligent security incidents. 

With a proven track record in complex personal injury cases, Tanya F. Miller is ready to provide you with compassionate support and aggressive representation. Don’t wait to seek the compensation you deserve. Call us at 855-44MILLER or contact us online to schedule your free consultation.