Have you experienced rape, physical assault, armed robbery, or another type of assault due to a property owner’s negligence in providing proper security?
If you’ve suffered injuries because of a hotel, apartment, retail store, or other property owner’s carelessness, the personal injury lawyers at Spaulding Injury Law are here to assist you.
To speak with our firm’s experienced personal injury attorney in Marietta, call us or contact us online.
Serving Marietta, our law firm has built a solid reputation for determined representation and trial expertise. We have secured numerous six and seven-figure settlements, and some of our notable case outcomes include:
- A federal jury awarded our client $1.5 million in a medical device dispute tried in Federal Court in Atlanta over three weeks.
- We recovered $1.5 million before a suit was filed for the adult children of a man killed in a head-on wreck in North Georgia.
- Obtained $1.4 million for the family of a deceased worker killed in a forklift accident at work before trial.
You May Have Grounds for Compensation!
If you’ve been a victim of an accident to a property owner’s negligence, you may have grounds to seek financial compensation. In these cases, speaking with an attorney is the best course of action.
Many people may have a basis for compensation without realizing it. You might assume the attack was solely your assailant’s fault, but inadequate security can often contribute to such horrific incidents.
Violent criminals are more likely to strike when there is insufficient lighting or security. These conditions can increase your risk of being targeted.
Examples of property owner negligence include:
- Lack of security patrols: If a property owner fails to provide adequate security personnel to patrol the premises, it can create an unsafe environment for visitors or tenants. For example, a shopping mall that does not have enough security guards patrolling the parking lot may be liable if a visitor is assaulted or robbed.
- Absence of controlled access (gates, fencing, etc.): A property owner may be held liable if they fail to install or maintain gates, fences, or security barriers to restrict access to certain areas. For example, if a hotel owner fails to provide secure access to guest rooms, it can put their guests at risk of theft or assault.
- Inadequate security cameras: Security cameras can help deter criminal activity and provide evidence in the event of a crime. However, property owners may be liable for any resulting harm if they fail to install or maintain adequate security cameras. For example, if a parking garage owner fails to maintain working security cameras, it can make it easier for car thieves to operate undetected.
Elements of Negligent Security in Georgia
To succeed in a negligent security claim in Georgia, you must prove the following four elements:
- You were a tenant, patron, customer, employee, or another authorized guest invited to be on the property during the crime;
- The landowner owed you a legal duty to exercise reasonable care to ensure the premises were safe and secure;
- The landowner negligently failed to fulfill their legal duty to maintain the premises’ safety and security;
- You would not have been injured, or your injuries would have been less severe, had the landowner provided adequate security on the premises.
Deadline to File a Case in Marietta
Time is of the essence in a Marietta negligent security claim.
To prevent excessive delays before filing a lawsuit, Georgia state law establishes a deadline for submitting any case called the statute of limitations.
If you file a suit after the deadline has passed, the court may dismiss your case with prejudice. In a negligent security case, you generally have two years from the date of the crime to file a lawsuit.
What Compensation Can I Recover for a Marietta Inadequate Security Claim?
If you were hurt at or around a business or commercial property because of negligent security, you might be entitled to file a lawsuit against the negligent business owner to recover damages, such as:
MEDICAL EXPENSES
Medical expenses can include hospital bills, doctor’s fees, medication costs, rehabilitation expenses, or any other medical costs you incurred due to the injuries you suffered as a result of the negligent security.
For example, if you were assaulted in a poorly-lit parking lot outside a shopping mall and suffered serious injuries that required surgery, your medical expenses may include the cost of the surgery, hospital stay, and follow-up appointments.
LOST WAGES AND INCOME
Lost wages and income damages cover the income and benefits that you were unable to earn due to your injuries.
For example, if you were unable to work for several weeks after the incident due to your injuries, you may be able to claim compensation for the wages you lost during that time.
DAMAGE TO PROPERTY
If the negligent security incident caused damage to your property, such as your car or personal belongings, you may be able to claim compensation for the cost of repairing or replacing those items.
PAIN AND SUFFERING
You can recover damages for the physical pain, emotional distress, and mental anguish that you experienced as a result of the negligent security incident.
For example, if you were sexually assaulted in a hotel room that had a faulty lock, you may be able to claim compensation for the trauma and emotional distress you suffered as a result of the incident.
This is by no means an exhaustive list of damages. The compensation available to you and the success of your negligent security claim will largely depend on your ability to prove that the security measures on the defendant’s property were insufficient.
Contact a Marietta Inadequate Security Attorney Today
Nobody should have to endure a violent crime. When such criminal acts are preventable, you may be able to pursue damages against the property owner.
If you’ve sustained injuries following a violent crime, you have the right to seek compensation from the person who harmed you, and you may have a valid claim for damages against the property owner who allowed the crime to take place on their premises.
Contact the Marietta inadequate security attorneys at Spaulding Injury Law to learn more and explore your options.
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