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Premises Liability Cases Alleging Lack of Security Must Show Negligence


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7/17/2015
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Georgia law requires commercial and private property owners to maintain safe properties for people who are legally on the premises. Most properties are subject to safety codes or regulations requiring the property owner or manager to prevent negligent exposure to harmful or injurious situations. Premises liability claims may be made against property owners if a patron is criminally assaulted if adequate security was not provided and there is proof of negligence.

If you have suffered a serious injury on someone else's property, a premises liability attorney at the Law Offices of Shane Smith can review your accident and injuries to determine if you have a reasonable case against the property owner involved.

Georgia law requires that homeowners and retailers exercise reasonable care to maintain safe properties for any "invitee" who is approaching, exiting or present on the property.

The Georgia Court of Appeals held in Yearwood v. Club Miami Inc., 728 S.E. 2d 790 (Ga. Ct. App. 2012) that a defendant must be shown to have been negligent in its lack of security if a criminal assault takes place on the premises. In the case, the plaintiff was shot in defendant's nightclub. The plaintiff presented no evidence showing that defendant's security measures were inadequate or insufficient or that defendant's measures made security situation worse. The plaintiff presented no evidence of prior criminal incidents at the club and no testimony that the security was negligent rather than merely unsuccessful. Instead, the plaintiff alleged that the defendant was negligent simply because the gunman snuck a weapon past the security. At trial the defendant testified that all patrons were patted down by security and scanned with a metal-detection wand prior to admission.

Property owners can be held responsible for injuries that occur on their premises when patrons are not protected from injuries. Personal injury victims should call a Clayton County premises liability attorney at the Law Offices of Shane Smith to schedule a free legal consultation.



Category: Premises Liability


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