When you’re injured by a criminal act on someone else’s property, you may have a legal claim for negligent security. Negligent security occurs when a property owner fails to provide reasonable safety measures. This leaves visitors vulnerable to assault, robbery, or other violent crimes. Property owners have a legal duty to maintain adequate security on their premises. If they fail to do so and you’re harmed as a result, you may be entitled to recover damages. The Cornwell Firm helps negligent security victims in Savannah, Georgia understand their rights and pursue compensation.
Why Choose The Cornwell Firm for Your Negligent Security Claim
At The Cornwell Firm, we understand the physical and emotional toll that violent crimes take on victims. Our team has experience handling negligent security cases and works to hold property owners accountable. We work on a contingency fee basis, meaning you pay nothing upfront. We only get paid if compensation is recovered for you. When you call 912-349-7028, you’ll speak with an attorney who listens to your story and explains your legal options. We are committed to advocating for your recovery and helping you move forward.
What Is Negligent Security?
Negligent security is a type of premises liability claim. It arises when a property owner or manager fails to provide reasonable security measures, and a visitor is injured by a criminal act as a result. Property owners have a duty to maintain their premises in a reasonably safe condition and to take reasonable steps to address foreseeable criminal activity. Under Georgia law, property owners must exercise reasonable care to protect invitees from foreseeable criminal acts. This legal standard is established under the Georgia premises liability statute, which defines the duty of owners and occupiers of land.
Negligent security cases can involve many types of crimes, including:
- Assault and battery
- Robbery
- Sexual assault
- Shooting or stabbing
- Theft
- Kidnapping
These incidents can occur at various locations where people gather or conduct business. Common places where negligent security claims arise include apartment complexes, hotels, shopping centers, parking garages, bars and nightclubs, gas stations, banks, and restaurants. A key factor is whether the property owner knew or should have known that criminal activity was likely to occur at that location. Premises liability law requires property owners to maintain reasonably safe conditions.
How Property Owners Fail to Provide Adequate Security
Property owners may breach their duty to maintain security in many ways. Understanding these failures can help you recognize whether negligent security may have contributed to your injury. Common failures include inadequate security measures such as broken locks, poor lighting, and lack of surveillance systems. When property owners fail to implement basic security protocols, they may be held liable for resulting injuries.
Common security failures include:
- Broken or missing locks on doors and windows
- Inadequate lighting in parking lots, hallways, stairwells, and common areas
- Lack of security personnel or security guards
- Missing or non-functional surveillance cameras
- Failure to install alarm systems
- Lack of controlled access to the property
- Failure to address known dangers or previous crimes
- Inadequate fencing or barriers
- Poor maintenance of the property
- Failure to warn visitors of known dangers
Property owners are expected to assess risks on their property and take reasonable steps to protect visitors. When these responsibilities are not met, injuries can occur. If you were harmed because a property owner failed to maintain adequate security, you may have a valid claim. Slip and fall incidents and other injuries resulting from inadequate security may support a negligent security claim. Additionally, retail store accidents often involve negligent security failures.
What You Must Prove in a Negligent Security Case
To succeed in a negligent security case, you generally need to establish four key legal elements.
- First, duty of care. You must show that the property owner owed you a duty of care, including maintaining reasonably safe premises and addressing foreseeable criminal risks.
- Second, breach of duty. You must show that the property owner failed to meet that duty, such as by providing inadequate security or failing to address known risks. Evidence of security failures can demonstrate a breach.
- Third, causation. You must demonstrate that the breach of duty contributed to your injury. This may include showing that reasonable security measures could have reduced the likelihood of the incident.
- Fourth, damages. You must show that you suffered actual harm, such as physical injuries, emotional distress, or financial losses. Compensation for personal injuries depends on the severity and impact of your injuries.
Foreseeability is an important factor. You may need to show that the property owner knew or should have known that criminal activity was likely at that location. Evidence of prior incidents, complaints, or nearby criminal activity may be relevant. According to the Georgia Court of Appeals, foreseeability of criminal acts is a critical element in negligent security cases.
Important Note on Georgia’s SB 68 (Effective April 21, 2025)
Georgia’s 2025 Tort Reform Act modified standards related to negligent security claims. The law may place greater emphasis on a property owner’s knowledge of prior similar incidents. Because application of the law can depend on specific facts, it is important to review your situation with an attorney. Our experienced attorneys can help you understand how this law affects your case. For detailed information about Georgia’s tort reform changes, consult the Georgia General Assembly.
Compensation Available for Negligent Security Injuries
If your claim is successful, you may be able to recover two types of damages.
Special damages cover financial losses, including:
- Medical expenses for emergency care, surgery, and hospitalization
- Ongoing treatment and rehabilitation costs
- Lost wages if you missed work during recovery
- Future medical care expenses
- Therapy or counseling costs
General damages address non-financial harm, including:
- Pain and suffering
- Emotional distress and trauma
- Anxiety and depression
- Post-traumatic stress disorder (PTSD)
- Loss of enjoyment of life
The amount of compensation may depend on factors such as the severity of your injuries and the available evidence. An attorney can help evaluate what damages may apply in your case. Personal injury compensation varies based on the specific circumstances of each case.
Frequently Asked Questions
What is the statute of limitations for a negligent security claim in Georgia?
In Georgia, you generally have two years from the date of your injury to file a negligent security lawsuit. If you wait too long, you may lose your right to pursue a claim. Contact The Cornwell Firm to discuss your situation and preserve your legal rights. Georgia’s statute of limitations is strictly enforced, as outlined in the Georgia Code § 34-6-2. This two-year window is critical for protecting your legal rights.
Can I sue a property owner for a crime committed on their property?
You may be able to pursue a claim if negligent security contributed to your injury. Property owners are not automatically liable for every crime, so you must show that they failed to take reasonable precautions despite foreseeable risks. The individual who committed the crime may also be held responsible. Wrongful death claims may also apply in cases where a criminal act results in death.
What types of locations are common in negligent security cases?
Negligent security claims can arise at many types of properties, including:
- Apartment complexes
- Hotels and motels
- Shopping centers and malls
- Parking garages and parking lots
- Bars, nightclubs, and restaurants
- Gas stations
- Banks
- Hospitals
- Office buildings
How long does a negligent security case take?
The timeline varies depending on factors such as case complexity, injury severity, and whether the matter settles or proceeds to trial. Some cases resolve in a matter of months, while others may take longer. An attorney at The Cornwell Firm can provide a more specific estimate based on your situation.
What should I do if I’ve been injured due to negligent security?
If you’ve been injured by a criminal act on someone else’s property, consider taking these steps:
- Seek medical attention as soon as possible
- Document details about the incident and property conditions
- Take photos if available
- Report the crime to law enforcement and the property owner or manager
- Collect contact information from witnesses
- Contact The Cornwell Firm to discuss your legal options
Contact The Cornwell Firm for a Free Consultation
If you’ve been injured due to negligent security in Savannah, Georgia, you may benefit from speaking with an attorney. Georgia law generally provides a two-year window to file a claim. The Cornwell Firm offers free case reviews and works on a contingency fee basis, so you pay nothing upfront and only pay legal fees if compensation is recovered.
Call 912-349-7028 to discuss your situation with a negligent security attorney.
