Preventable Accidents That Never Should Have Happened Leave Deep Scars
If a crime could be prevented, why isn’t it? When someone gets hurt because property owners don’t protect their premises, who’s responsible?
These kinds of questions are best answered by a qualified Georgia premises liability lawyer. You may never know why bad things happen to good people. However, being legally represented can make responsible parties pay.
Premises liability falls under personal injury law. Owners or managers are held responsible when you’re harmed on their unsafe properties. A reasonable effort must be made to secure premises. Without this commitment, you could be directly in harm’s way.
When owners don’t safeguard their properties, you could suffer. Negligent security is a kind of premises liability that our Georgia slip and fall lawyer is well versed in. While some premises liability accidents result in falls or dog bites, third-party incidents expose you to crime.
Assaults and robberies can happen in minutes. Having a sentimental valued object stolen can be heartbreaking. Physical injuries cause pain. Recovery time is needed. Emotional harm can be even worse. It can take years of intense therapy to overcome mental anguish brought on by attacks.
Have you suffered because of a property owner’s negligence? Monge & Associates is here to help. While we hate that you were injured, we’re so glad to be able to get justice for you. Our law firm is full of attorneys experienced in premises liability law. Hiring us gets you one step closer to winning your case.
Types of Premises Liability Cases Involving Negligent Security
Third-party assault cases redefine danger. Falling because of ice that wasn’t removed could cause agonizing pain. But you probably won’t feel violated. Negligent security incidents are different. Healing from these attacks could take years if you survive.
Asking some questions can shed further light.
Georgia Laws Governing Negligent Security
Our state puts landowners on notice. Even the most successful Georgia premises liability lawyer needs the law to back up claims. Statutory and code laws can strengthen your case.
Codes and statutes are considered statutory. These written laws have little, if any, wiggle room. Georgia has defined laws that break down the connection between plaintiffs and defendants.
Official Code of Georgia Annotated Title 51, Chapter 3, Section 1 explains landowners or occupiers knowingly attracting visitors are liable for injuries sustained because of failure to keep grounds safe. This statutory law lays the foundation for premises liability cases.
The group in charge of maintaining the premises is responsible. Consider the following example. Investor A owns a strip mall. Bar X leases a space in the strip mall from Investor A.
A group of Bar X customers get mugged right outside in a dark parking lot. There was no security. Bar X is responsible because the lease gives it complete authority over the space.
Invitees are owed a duty of care under OCGA § 51-3-1. Whether spelled out or suggested, these people turn up on properties by invitation. Examples of invitees include shoppers, restaurant patrons, concertgoers, apartment complex residents, ball game attendees and contractors.
Licensees are treated differently because they’re something else entirely. OCGA § 51-3-2 notes these visitors are not patrons, workers or intruders. Unannounced friends, solicitors (door-to-door salespeople, political campaigners or religious doorknockers) and neighbors may all count.
While these visitors aren’t trespassing, they aren’t invited either. The risk is assumed by the licensee. While state law requires property owners warn licensees of known dangers, the duty of care is less.
Case law, sometimes called common law, isn’t always as straightforward. Court judgements set the rules instead of actual laws. These precedents may later become laws. But in the meantime, they serve as a way for lawyers to successfully argue a case.
It’s easy to get caught up in details of a third-party assault claim. No two cases are just alike. Georgia law can be hard to understand. A skilled premises liability attorney knows which laws apply to your lawsuit.
Elements of a Successful Negligent Security Claim in Georgia
The law requires proof for the results you want. Evidence must be documented in a specific manner too. Leave that shoebox full of papers at home. Let a seasoned pro represent you.
A Georgia premises liability lawyer gets to work. How did an owner or operator fail to keep the property safe?
Four factors demonstrate how the landowner is at fault
- Duty of Care Exists. Customers, guests, students, attendees and other visitors are invited to come onsite. Owners of properties and businesses are thus legally responsible for keeping these invitees safe. You may need to explain the purpose of your presence.
- Duty of Care Was Breached. A huge screw up happened. Your attorney will show how the defendant let you down. The property wasn’t kept reasonably safe.
- Injury Caused by Breach. A direct link between your injury and the breach of duty must be shown. Let’s say an intruder attacked college dorm residents. The entry system didn’t work properly. A criminal was able to stroll in like he owned the place. Injuries were a direct result of the breach of duty.
- Harm Resulting from Injury. This part of the claim deals with how you’re suffering because of the incident. You’re entitled to be compensated. Damages for medical expenses, lost wages plus pain and suffering may be awarded.
Defenses to a Negligent Security Claim in Georgia
Think premises liability cases are in the bag? Think again! The defendant’s legal team will most likely try to turn the tables. The defense team must prove their claims, so you’ll want to have the best representation possible.
Common defense strategies may include:
- Assumption of Risk. This defense suggests that the plaintiff walked in with eyes wide open to a risky situation. Accidents happen in dangerous places and the claimant accepted that possibility until an injury occurred. Evidence must be shown that the plaintiff:
- Knew what the exact dangers were,
- Realized and grasped what could happen, and
- Volunteered to potentially put personal safety at risk
- Modified Comparative Negligence. Actions of both the plaintiff and defendant are examined. If a ruling declares the plaintiff was partially at fault, the full damages figure may not be awarded.
- Contributory Negligence. There’s no arguing that the defendant is responsible. However, along with that is the premise that the claimant is also Claims are made that if the plaintiff had exercised better judgement in regards for his safety, he wouldn’t have been injured.
How negligent a plaintiff is makes a huge difference in Georgia premises liability cases. Claimants found to be at least 50 percent negligent in comparison to defendants cannot receive any compensation.
If the plaintiff by ordinary care could have avoided the consequences to himself caused by the defendant’s negligence, he is not entitled to recover. In other cases the defendant is not relieved, although the plaintiff may in some way have contributed to the injury sustained.
Hiring a Georgia Premises Liability Lawyer for a Negligent Security Case
A crime may happen to you in minutes but may take much longer to process. Maybe you’ve filed a police report. You could be waiting to hear they captured your assailant any day.
The cold reality is that the criminal justice system is overrun. Units have too many cases and too few officers. Although it would be nice for the third-party perpetrator to be charged, you may consider an alternative.
Holding the property owner or manager accountable can be a way to take back control. If the place had been safe, would you have been able to be attacked? Standing up for your rights also protects others. The business will prevent future assaults there. Who knows? Your case could even go on to set a precedent.
Going up against a landowner may not sound easy- because it isn’t. Getting compensated for these claims takes commitment and a high level of skill. Bad press from a negligent security case is game over for some businesses. You can bet on a fight.
Affordable Georgia premises liability attorneys at Monge & Associates don’t back down. Our experience helps us come out on top for you. We fight to get you properly compensated. You may have been a victim. A winning case allows you to reclaim who you truly are and move on.
You only have two years to file a claim. Research and investigating must be done for the best chances of a high-dollar settlement. Meeting with an Atlanta personal injury attorney soon after your incident allows time needed for success.
Third-party criminal assaults, while scary, continue in Georgia. Going out to eat, to a concert, shopping or even going home shouldn’t expose you to crime. If these offenses could have been prevented, there’s a problem – a big problem.
You’re owed a duty of care every time you step into a grocery store, casino, movie theater and many other places. Business and property owners are in charge of keeping their places reasonably safe. When safety standards fall through the cracks, your life is on the line.
Filing a premises liability claim can help you set things right. Let a leading attorney handle your case with ease. Making the landowner pay for what was allowed to happen to you is a spirit lifter.
Lawyers at Monge & Associates push to get compensation for your medical expenses, lost income and mental anguish. Think of us as a restoration team. While we can’t turn back time, we’ll work tirelessly for a settlement to help you resume your life.
Contact a Georgia Premises Liability Attorney
If you have been seriously injured on someone else’s property, you might be entitled to full compensation for your suffering. Your Georgia premises liability lawyer will work tirelessly to prove liability so you can come away with the money that is rightfully yours. Contact our law firm today for a free consultation.