Most people think of premises liability cases as slip-and-falls. However, property owners have more obligations to people on their premises than just keeping the walkways clear and in good condition. They must also provide adequate security for guests on their property. If you are assaulted on someone else’s property, you may be able to file a lawsuit for a lack of adequate security.
Assaults in Georgia stores and businesses are on the rise. There have been disturbing recent incidents of unprovoked attacks on customers, including one brutal assault in a convenience store in Athens. Attacks do not just include assault and battery. Some customers or guests are sexually assaulted on someone else’s property. If you are assaulted on someone else’s property, you should contact a Atlanta personal injury lawyer immediately.
You May Be Compensated if Assaulted on Someone Else’s Property
Here, the type of lawsuit that you would file would be one for negligent security. This case would hold someone else civilly liable for the criminal harm that you suffered on their property. Here, the key is that you would have to show that the property owner failed to provide reasonable security. It does not make them liable for every single incident that occurs on their property.
In order to win your case for negligent security, this is what you would have to prove:
- You had a lawful right to be present on the defendant’s property and were attacked.
- The third party’s acts were reasonably foreseeable by the defendant.
- The defendant failed to provide a reasonable amount of security.
- You would not have been harmed but for the failure to provide reasonable security.
The key words here are “reasonable” and “foreseeable.” If nobody was attacked on the property before and there were no similar crimes in the area, it may be difficult to recover. However, if there were similar attacks either in the area or on that property, a subsequent incident would be foreseeable.
The word “reasonable” means that a business can have security, and it may still not be enough. In an adequate security case, the court would determine whether the defendant had enough security and the right type to meet the threat.
Types of Adequate Security Claims
Here are some types of scenarios that could lead to an adequate security case:
- The failure to install adequate locks and bars on the windows
- Not having security guards in the parking lot or in the store in a high-crime area
- Not providing adequate lighting on the property
- Failure to have front desk security and screen visitors to the property
Your adequate security case would require an analysis of the facts and circumstances of that particular property’s security situation and measures. There is not necessarily a one-size-fits all security approach, and it requires that your attorney investigate further.
Get Help from an Atlanta Premises Liability Lawyer
When you are filing an adequate security case, you need an experienced Atlanta premises liability lawyer to prove that the defendant failed to live up to their legal obligations. To schedule a free case evaluation with a member of our team, call our office today at 888.4747.9616 or contact us online.