When you have been a victim of a criminal assault from inadequate security by passenger carriers, landowners, and leaseholders, your harm and injuries may be quite serious and even end your fatality. Some of the past criminal assaults from these cases include beatings, rape, robbery, and death in typically unsupervised places like apartment complexes, parking garages, and parking lots.
WHO MAY BE RESPONSIBLE FOR NEGLIGENT SECURITY?
Parties that may be held responsible for negligent security are as follows:
- Common passenger carriers such as buses and trains.
- Commercial sales establishment such as shopping centers including parking garages.
- Drinking establishments serving alcoholic beverages such as restaurants and taverns.
- Residential landlords such as apartment complex owners; college dormitory entities; hotel or motel owners; or other similar property owners or leaseholders that are supposed to safeguarding such residential property.
PROVING FAULT FOR NEGLIGENT SECURITY
The four main components to proving fault in negligent security cases include the following:
- The duty of care that such passenger carrier, commercial sales establishments, and landlords owed to you;
- Their breach or failure to exercise such care to protect you from harm; and
- Their breach or failure caused you harm.
Often, the breach or failure to exercise care hinges on the defendants' knowledge of unreasonable risk of a criminal act as the Georgia Supreme Court has stated in Savannah College of Arts & Design, Inc. v. Roe, 261 Ga. 764, 409 S.E.2d 848 (1991). Whether such criminal act was foreseeable may be determined from the occurrence of prior crimes that would draw attention to the landlord. See Woodall v. Rivermont Apts. Ltd. Partnership, 239 Ga. App. 36, 520 S.E.2d 741 (1999). The Georgia Court of Appeals have added that the occurrence of prior crimes should be in the same area as the current crime in Vega v. La Movida Inc., 294 Ga. App. 311, 670 S.E.2d 116 (2008).
WHO OWES WHAT DUTY TO YOU
- Under O.C.G.A. § 46-9-132, common passenger carriers owe a high degree of care to protect their passengers from harm and must avoid dangers that are either known or may be reasonably anticipated by such carrier. This include criminal acts by another person if the carrier has reason to anticipate such crime. See Walker v. Metropolitan Atlanta Rapid Transit Auth., 226 Ga. App. 793, 487 S.E.2d 498 (1997).
- Under O.C.G.A. § 51-3-1, commercial sales establishments, drinking establishments, and residential landlords are required to provide safety for an invitee and a residential tenant. They may be responsible for criminal assault of that such invitee and residential tenant. The Georgia Court of Appeals have held that this duty may not be delegated to another person or entity in Fpi Atlanta, L.P. v. Seaton, 240 Ga. App. 880, 524 S.E.2d 524 (1999).
WHAT IS A NEGLIGENT SECURITY CLAIM WORTH?
As in all personal injury claims, the value of your injuries are determined from many factors.
HOW WE CAN HELP
???When you have been injured because of a criminal assault at a drinking establishment or a motor vehicle crash caused by a drunk driver, the overlapping issues and claims may complicate your claim. Our expertise can guide you into finding all parties that may be responsible for your injuries arising from drinking establishments. We will explain your rights and seek to maximize the compensation that you deserve as an innocent victim.