Premises Liability—Inadequate Security Claims

A property owner who is aware of crime occurring on their property or nearby is legally obligated to mitigate additional crimes against others on the property. When property owners neglect to implement the necessary security steps they may be responsible in premises liability cases if similar crimes are committed. If you are injured on another person's property a premises liability attorney at Shane Smith Law can review the incident and advise you of your legal rights.

Georgia courts have held that "keeping the premises and approaches safe," language included in a Georgia statute, includes providing appropriate security. Patrons who have been victims of criminal acts have held owners liable when adequate security was not provided.

Owners' Obligation to Provide Adequate Security

Property owners are required to provide sufficient security to protect people on their property. If a property owner is aware of localized crime (or crime on his property) and does not take necessary precautions to prevent crime (or additional crime) on his property then he may be responsible for damages from criminal actions on the property. Such security deficiencies may leave visitors vulnerable to physical crimes including battery, aggravated assault (including sexual crimes), mugging, carjacking, or armed robbery.

A property owner or manager is required to take adequate security measures to prevent attacks if he can reasonably expects that customers, tenants, or guests may be present on the property. Some examples of the type of properties that are required to provide adequate security include:

  • Shopping centers or malls;
  • Restaurants;
  • Bars;
  • Movie theaters;
  • Gas stations;
  • Apartment complexes;
  • Nursing homes;
  • Hotels and motels;
  • Hospitals.

Crimes of opportunity frequently occur when properties lack adequate lighting, door locks, or security personnel/equipment. Unsecured and unmonitored parking lots can render guests vulnerable to attacks and property owners or managers can be found liable for the victim's injuries.

If you have been injured on someone's property and believe security was inadequate, call a Clayton County premises liability attorney at Shane Smith Law at (980) 246-2656 and schedule a free legal consultation.

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