Negligent Security at Sports Venues

negligent security sports venues

Negligent Security at Sports Venues

On April 14th, 2017, the Atlanta Braves beat the San Diego Padres in their season home opener at the brand new SunTrust Park in Cobb County. Just three days later, the Atlanta Journal-Constitution reported that the first arrest had been made at new Braves stadium. The culprit was arrested for trespassing, obstructing a law enforcement officer, public intoxication, and assault.

Unfortunately, such behavior is not uncommon at sporting events. The alcohol, adrenaline, and passion that can make the events more fun also present the risk of helping escalate a situation to violence. Violent crimes and even deaths have occurred at sports venues. In one tragic case, a 22 year old Phillies baseball fan was beaten to death in the parking lot of the Citizens Bank Park in Philadelphia in the culmination of a fight that began over spilled beer.

Not only will fans occasionally get out of control, but some criminals also target large sporting events. The huge numbers of people available to victimize and the anonymity provided by large crowds make sporting events a tempting location for thieves. Keeping yourself and your property safe at sports venues is important. While you have a duty to look out for yourself, sports venues also have a duty to prevent crime from occurring in the first place.

The Legal Duty of Sports Venues to the Attending Fans

The duty of a sports venue to provide proper security for fans stems from premises liability law. In Georgia, the general premises liability rule is found in Georgia Code 51-3-1, which holds that “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Thus, a sports venue has a duty to prevent foreseeable harm to the attendants. Georgia case law has clarified that this duty includes taking reasonable steps to keep invitees safe from the criminal acts of third parties. As Georgia courts have put it, property owners are “bound to anticipate and provide against what usually happens and what is likely to happen.” Because acts of violence and theft are common at sporting events, sports venues have a duty to provide security to prevent such actions. But, importantly, a plaintiff will not be successful with the claim if the particular crime was unforeseeable.

A sports venue also has a duty properly hire security guards. The guards or company that the sports venue contracts with to provide security must be competent to do the job. A sports venue is liable under a theory of negligent hiring if it knew or should have known the security hired was not suited for the job.

What to do if You’ve Been a Victim of Crime at a Sports Venue

If you have been the victim of a crime at a sports venue, you should contact an experienced attorney to investigate your case. The sports venue may owe you compensation. If you would like more information about this issue or would like to discuss your case, contact Williams Elleby Howard & Easter, at (409) 389-1035 today to schedule a free consultation.

What Is Negligent Security?

The back of a woman with short brown hair, standing inside a store, holding both hands up, with a man facing her, wearing a black mask, pointing a gun at her.

What Is Negligent Security?

Business owners have an obligation to keep their customers and visitors safe. This duty extends to keeping the floors clean and dry, so you do not trip and fall and maintaining walkways and guardrails.

What many people do not realize, however, is that the duty to keep customers and visitors safe can also extend to keeping you safe against the actions of other people. That means that if you are robbed, assaulted, or otherwise harmed on someone else’s property, you may have a claim for negligent security against the property owner.

Duty to Provide Security

A property owner who invites guests onto his or her property has a responsibility to provide guests with basic security. This includes simple preventative measures to prevent crime. While not all crime can ever be completely prevented, business owners are obligated to make an effort to deter crime. Common items associated with preventing crime include:

  • Installing lights in parking lots or other open locations
  • Using security cameras
  • Silent alarm access for employees
  • A sign that indicates limited amounts of cash in the register
  • Limiting access with key cards or guards

The duty to provide sufficient security is often associated with the knowledge that similar incidents have previously occurred, or a business is located in a higher crime area. In those cases, the business owners may be required to take extra steps to increase security because of the relative amount of crime in the geographical location.

Proving Negligent Security

A successful negligent security case obviously involves proving negligence. The standard for negligence is that the person or entity at fault did not act reasonably in a particular situation.

The business must take reasonable measures to protect its visitors or guests. In areas that have higher crime rates, having increased protections are reasonable. In other regions, basic protections may be enough.

In some cases, however, the property owner takes no action to keep their property safe. This is particularly true for some apartment complexes. These cases are especially egregious and often result in successful negligent security claims.

Every successful negligent security claim must prove the following four items:

  1. The defendant property owner has a duty to ensure the safety of guests or visitors. This requirement is generally easy to meet because this is true of virtually every property owner. In some situations, a property owner will hire this type of service out; however, that usually does not affect the fact that it is still their duty.
  2. The second thing that you must show is that the obligation to provide security was somehow breached. It could be that a vital aspect of the security was missing or that something or someone was not doing a job properly.
  3. The breach of the duty ultimately must have caused your injuries or damages. This is typically proven by showing that the failure to act reasonably created an environment where the criminal assailant felt comfortable committing a crime.
  4. You must have suffered actual injuries. You must show that you were physically or mentally injured because of the failure to provide proper security measures.

In Georgia, juries may apportion a percentage of fault to the criminal.  This means that a jury could find the property owners 50% at fault and the criminal 50% at fault.  This normally means that you will recover 50% of your total damages because most criminals do not have the financial resources to satisfy a substantial judgment.

Negligent security claims are far more common than most people realize. If you feel that you may have a claim after an assault, robbery, or other third-party action, contact Williams Elleby Howard & Easter at 833-LEGALGA today to set up an appointment.

Are Businesses Liable for Crimes in Parking Lots?

An armed, masked man, wearing all black, pointing a gun at a car window.

Masked Assailant Pistol-Whips, Robs Woman in Shopping Center Parking Lot

In a possible case of negligent security, a masked assailant beat and robbed a woman outside of a shopping center in Cobb County on Saturday, August 19, according to Fox 5 Atlanta. The man pistol-whipped the woman and took her purse, according the victim. The woman has asked news sources not to identify her because police have yet to apprehend any suspects and the attacker remains at large. There are currently no reports that the woman required hospitalization or that her current medical condition is serious.

Catherine’s Surveillance Camera Didn’t Capture Crime

The attack occurred in the parking lot outside of a Catherine’s on the East-West Connector in Austell after 4 o’clock on Saturday. After the victim’s mother went inside the store to shop, the victim remained sitting in the car in the parking lot. A masked man opened the door to the car, got in, sat down, and ordered her to drive. The woman refused, at which point the masked man beat her on the head, shoulders, and arms with his pistol, before taking her purse and leaving the vehicle. The manager of the Catherine’s told reporters that while the store has a surveillance camera, the incident probably will not appear on camera.

Georgia Law Holds Businesses Responsible for Negligent Security

While The Atlanta Journal-Constitution reports that some local governments are installing security cameras, many businesses lack sufficient security surveillance. Georgia law holds property owners liable for taking reasonable care to prevent injuries to their tenants and customers. That includes taking steps to avoid criminal activity that might harm customers who visit a property. If property owners are aware of violent crimes happening on their property or on nearby properties, the property owner is responsible for taking reasonable steps to secure their property. A victim of such a crime could sue the property owner for negligent security. One of the standard steps for commercial businesses to take is to install surveillance cameras in areas where crimes are likely to occur, such as parking lots and alleyways. Other common security measures include installing lighting in poorly-lit areas and hiring security guards.

Is the Shopping Center Liable for Negligent Security?

Is the property owner liable for negligent security in a case like the one that occurred Saturday in Austell? This depends on several different factors. First, did the property owner know that such a crime might occur? The answer depends on whether there have been crimes in the area previously. If crimes have happened in the parking lot or the vicinity of the business in the recent past, then the property owner probably was aware that such a crime might occur. Second, did the property owner take reasonable steps to secure the property against crime? It’s not completely clear here whether Catherine’s or other businesses in the shopping center had properly secured the area. For example, it’s possible that the owner of the shopping center should have installed surveillance cameras facing the area of the shopping center parking lot where the crime occurred. It’s also possible that the presence of a private security guard would have prevented the crime have occurring. If so, and if the shopping center failed to take these measures, they might be liable for negligent security.

Contact Us for Help

If you or someone you know has been the victim of a crime on someone else’s property, you need legal assistance from a professional. Get in touch with an experienced negligent security attorney at Williams Elleby Howard & Easter in Cobb County today to get the compensation you deserve.

Frequently Asked Questions Answered: Premises Liability

A tree root growing out of a sidewalk made of bricks.
Premises liability law governs the responsibilities of landowners and occupiers of land in guarding against hazardous conditions on their property. In other words, negligent property owners may be liable for injuries and accidents that occur on their property. Slip and fall cases are by far the most common type of premises liability cases, but there are several other cases, including, but not limited to: ● Accidents caused by road and sidewalk defects ● Dog bite injuries ● Icy or slippery entranceways ● Asbestos exposure ● Inadequate/negligent security ● Elevator, escalator, and stairway accidents ● Swimming pool accidents You may be able to file a premises liability lawsuit if you entered another person’s property legally and were injured through no fault of your own.

How Much Is My Premises Liability Case Worth?

It is difficult to predict how much a case will be worth because of the range of injuries that might be sustained. For severe injuries, such as spinal cord or brain injuries, settlements may reach millions of dollars and Georgia currently has no cap on compensatory damages in personal injury cases. Depending on the type of injuries sustained, it may be possible to receive compensation to cover medical bills, lost income, mental distress, punitive damages, and pain and suffering.

What Do I Need To Prove To Win A Premises Liability Case?

In order to succeed on a claim for damages in a personal injury premises liability case, you must prove the following: ● There were hazardous conditions on the owner’s property; ● The property owner knew or should have known about the hazardous conditions that caused the accident and should have taken action to prevent any injuries; ● The injury was caused by the dangerous conditions; ● There were losses were associated with the injury, either through medical expenses or loss of income, etc.

Will I Need To Go To Court?

Although premises liability cases can go to court, a majority of cases are settled before going to trial. Before filing a lawsuit, you would either submit a claim to the property owner or occupier’s insurance company. At this point, negotiations would commence to reach a settlement both parties can agree on. If no settlement can be reached, you would have the option of taking the case to court.  Trial Attorney Joel Williams has handled numerous personal injury cases against insurance companies and obtained big verdicts.

How Much Time Do I Have To File A Lawsuit?

Any person seeking damages for injuries sustained in a premises liability case must adhere to the Georgia statute of limitations. For most injuries the action must be taken within two years from the date of the incident.

How Can A Lawyer Help My Case?

In premises liability cases where injuries are minor, you may not need an attorney. However, for cases involving serious injuries the benefits of having an attorney are immense. For many premises liability cases it is not uncommon for a business or homeowner to either deny responsibility or low-ball damages. If you have a premises liability case in Marietta, Cobb County, Georgia, contact Williams Elleby. Our legal team will answer any questions you have and help you prepare a successful case. 833-LEGALGA

How To Win A Slip and Fall Injury Claim

win slip fall injury claim

Winning a slip and fall injury claim in Georgia involves proving that a property owner’s carelessness, or negligence, directly caused your accident and injuries. A slip and fall lawyer can help you gather the strong evidence needed to show the owner knew about a dangerous condition but failed to fix it or warn you, leading to a successful claim for compensation.

When you’re hurt and facing unexpected medical bills and time off work, you need clear information about your rights and what it takes to hold a negligent property owner accountable.

Schedule a Free Consultation

Key Takeaways for Winning a Slip and Fall Injury Claim

  • A successful slip and fall injury claim hinges on proving the property owner was negligent and that this negligence caused the injury.
  • Crucial evidence includes medical records, photos of the scene, witness information, and documentation of lost income.
  • Georgia law requires the injured party to show the property owner had “superior knowledge” of the hazard that caused the fall.
  • Compensation, known as damages, may cover economic losses like medical bills and lost wages, as well as non-economic losses like pain and suffering.
  • There is a limited time to file a claim, known as the statute of limitations, which is typically two years in Georgia for personal injuries.

Understanding the Foundation of a Slip and Fall Injury Claim: Negligence

Two yellow caution signs are placed on the steps of an escalator. The signs warn people to be careful while using the escalator At the heart of every slip and fall case is a legal concept called “negligence.” In simple terms, negligence means that someone failed to act with reasonable care, and this failure caused harm to another person. In the context of a slip and fall, the property owner is considered negligent if they didn’t maintain their property in a reasonably safe condition for visitors. This responsibility falls under an area of law known as “premises liability.” Premises liability holds property owners and managers accountable for injuries that happen on their property due to unsafe conditions. In Georgia, the law is very specific about the responsibilities of property owners.  According to the Official Code of Georgia, a property owner who invites the public onto their premises, like a grocery store or apartment complex, is responsible for exercising “ordinary care” to keep the location and its approaches safe. “Ordinary care” means the level of care a reasonably prudent person would use under similar circumstances. For a property owner, this includes:
  • Regularly inspecting the property for potential hazards (like spills, worn-out flooring, or poor lighting).
  • Repairing dangerous conditions in a timely manner.
  • Placing adequate warnings (like “wet floor” signs) around hazards that cannot be immediately fixed.
If a property owner fails to meet this standard of care and you are injured as a result, they may be held legally responsible for your damages. This forms the essential groundwork for building your slip and fall injury claim.

What Steps Can You Take After a Slip and Fall?

After you’ve received initial medical attention and are safely back home, the actions you take can significantly impact your ability to build a strong claim. 

Document Everything You Remember

Your memory is a critical piece of evidence. As soon as you feel up to it, write down or record a voice memo detailing everything you can recall about the incident. Don’t leave anything out, no matter how small it seems.
  • What was the exact date and time of the fall?
  • Where on the property did it happen? Be as specific as possible (e.g., “in the frozen food aisle, near the ice cream freezer”).
  • What were you doing right before you fell? Were you looking at a shelf, pushing a cart, or walking toward the exit?
  • What caused you to fall? Describe the hazard—was it a clear liquid, a cracked tile, a poorly lit staircase?
  • Did you notice the hazard before you fell?
  • Who was with you? Did anyone see it happen?
  • What did you feel immediately after the fall?
Creating a detailed record while the events are fresh in your mind provides a clear and consistent account that can be invaluable later on.

Preserve Your Clothing and Shoes

The clothing and shoes you were wearing during the fall are part of the physical evidence. Place them in a sealed bag and store them somewhere safe. Do not wash them or wear them again. They can help demonstrate what happened; for example, a substance on your shoe could be tested to prove it matches a spill, or the condition of your footwear could counter a claim that your shoes were inappropriate or unsafe.

Keep a Pain and Recovery Journal

A successful slip and fall injury claim seeks compensation not just for medical bills, but also for the daily impact the injury has on your life. Start a journal to track your recovery journey. Each day, make a note of:
  • Your physical pain levels and symptoms.
  • Any medical appointments, treatments, or medications.
  • Activities you can no longer do or that are now difficult.
  • Your emotional state, including feelings of anxiety, frustration, or sadness.
  • How the injury affects your family, work, and social life.
For instance, you might note that you can no longer take your dog for a walk around Swift-Cantrell Park or that you missed a family gathering because you were in too much pain. This journal provides a powerful, personal account of your suffering and losses, which helps illustrate the full extent of your damages.

The Crucial Role of Evidence in Your Claim

A claim without evidence is just a story. To successfully pursue a slip and fall injury claim, you must provide concrete proof that connects the property owner’s negligence to your injuries. Each piece of evidence helps build a stronger, more persuasive case.
  • Medical Records: Your official medical records are non-negotiable. They create a direct link between the fall and your injuries, detail the severity of the harm, and outline the treatments you’ve received and may need in the future.
  • Photos and Videos: Visual evidence is incredibly powerful. If you or someone else took photos or videos of the hazard and the surrounding area immediately after the fall, this is ideal. Even photos taken days later can be useful to show a permanent hazard, like a broken handrail or uneven pavement.
  • Incident Reports: If you reported your fall to a manager or property owner, they likely created an incident report. This report is important because it documents that the event occurred and can contain admissions or important details about the conditions at the time.
  • Witness Information: The names and contact information of anyone who saw you fall, saw the hazard before your fall, or came to your aid are incredibly valuable. Witness testimony can corroborate your version of events and dispute any claims from the property owner that the area was safe.
  • Proof of Lost Income: To recover compensation for time missed from work, you will need documentation. This can include pay stubs, a letter from your employer confirming your rate of pay and missed hours, and any records showing a loss of earning capacity.
Gathering these items can feel like a lot to handle when you’re focused on healing, but each one serves as a building block for establishing liability and proving the full value of your claim.

Understanding Georgia’s Specific Slip and Fall Laws

Elderly person on the floor after a fall with a cane and eyeglasses lying nearby Georgia has unique laws that can make slip and fall cases more complex than in other states. Understanding these rules is key to navigating the claims process. The most significant hurdle is often the “superior knowledge” rule. To win a slip and fall injury claim, you must demonstrate that the property owner had superior knowledge of the hazard. This means you have to prove two things:
  1. The property owner knew or should have known about the dangerous condition (they had “actual” or “constructive” knowledge).
  2. You, the injured person, did not know about the hazard and could not have discovered it by exercising ordinary care for your own safety.
For example, if a grocery store employee mops a floor and doesn’t put up a sign, the store has knowledge of the hazard. If you then turn a corner and immediately slip on the wet floor, you likely did not have knowledge of it. However, if you were looking at your phone and walked past a clearly visible warning sign, the property owner might argue that you could have easily discovered the hazard yourself. Georgia law also outlines a statute of limitations, which is a deadline for filing a lawsuit. For most personal injury cases, including slip and falls, Georgia sets this deadline at two years from the date of the injury. If you fail to file a lawsuit within this two-year window, you will likely lose your right to seek compensation forever.

What Kind of Compensation Can You Seek in a Slip and Fall Injury Claim?

If you can prove the property owner was negligent, you are entitled to seek compensation for your losses. In the legal world, this compensation is referred to as “damages.” The goal of damages is to make the injured person “whole” again, at least from a financial standpoint. Damages are typically broken down into two main categories. Economic Damages: These are the tangible financial losses that have a clear monetary value.
  • All past, present, and future medical expenses (hospital stays, surgery, physical therapy, medication).
  • Lost wages from being unable to work.
  • Loss of future earning capacity if your injury prevents you from returning to your previous job.
  • Out-of-pocket costs, such as for transportation to medical appointments or necessary home modifications.
Non-Economic Damages: These are intangible losses related to the impact the injury has had on your quality of life. They are harder to calculate but are just as real.
  • Pain and suffering (for the physical pain of the injury).
  • Emotional distress and mental anguish (anxiety, depression, PTSD).
  • Loss of enjoyment of life (inability to participate in hobbies or activities you once loved).
  • Permanent disability or disfigurement.
Calculating the full and fair value of your claim requires a thorough analysis of all these factors to ensure no cost or loss is overlooked.

Why Working with a Personal Injury Attorney Can Make a Difference

Handling a slip and fall injury claim is a monumental task. Partnering with a dedicated personal injury attorney can provide the support, guidance, and advocacy you need during this difficult time. An attorney can handle all aspects of your claim, from conducting a thorough investigation and preserving evidence to calculating the full extent of your damages. They can identify all liable parties, communicate with aggressive insurance adjusters on your behalf, and skillfully counter the defenses that property owners often raise. Most importantly, having a legal professional in your corner allows you to focus your energy on what matters most: your health and your family. They level the playing field against large corporations and insurance companies, working to ensure your voice is heard and that you have a fair opportunity to receive the compensation you deserve.  While no outcome can be promised, having an experienced advocate by your side can significantly strengthen your position.

FAQs: How to Win a Slip and Fall Injury Claim?

Here are answers to some common questions about pursuing a slip and fall claim.

Claims against government entities (city, county, or state) involve a different set of rules and much shorter deadlines. You typically have to file a formal notice of your claim, called an “ante litem” notice, often within six months to a year of the injury. These cases are very complex, and the rules must be followed precisely.

It is generally advisable to be very cautious when speaking with an insurance adjuster for the other side. They may seem friendly, but their job is to minimize the amount the insurance company has to pay. They may try to get you to make a recorded statement that could be used against you later or offer a quick, low settlement before the full extent of your injuries is known.

The presence of a warning sign can be a factor, but it doesn’t automatically clear the property owner of responsibility. The sign must be placed in a way that reasonably warns visitors of the specific danger. If the sign was hidden, far from the actual spill, or if the hazard extended well beyond the signed area, you may still have a valid claim.

Speak with Our Compassionate Legal Team Today

A headshot of a male professional wearing a navy blue suit, white shirt and shiny blue tie.
Joel Williams, Slip and Fall Accident Attorney in Kennesaw

If you have been injured in a slip and fall accident, you should be focused on your healing, not on fighting the insurance company for compensation.

At Williams Elleby Howard & Easter, we treat our clients like family. We listen to your story with compassion and are committed to helping you navigate the legal process with confidence. We invite you to reach out to our team today at (404) 389-1035 or through our online form for a free, no-obligation consultation to discuss your case. Call us today—we are here to help.

 

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$1,975,000 VERDICT

A forklift in a warehouse between two shelves.

The Verdict

On December 11, 2015, Attorney Joel Williams and his co-counsel, Alan Hamilton of Shiver Hamilton, secured a $1,975,000.00 verdict in the State Court of Fulton County in favor of their client who was hit by a forklift. The verdict came on the heels of a one week trial where the defense denied both liability and causation. The case was Daniel Jones v. RD America, LLC d/b/a Restaurant Depot, Civil Action No. 14EV001101D.

The Plaintiff’s Case

The forklift collision occurred when Plaintiff was buying supplies for his store at a Restaurant Depot in Atlanta. As Plaintiff stood on an aisle looking at cleaning supplies, a Restaurant Depot employee backed a forklift into him causing Plaintiff to fall over his flatbed shopping cart. As Plaintiff fell, the back of his head and neck stuck some steel shelving resulting in a cervical disk herniation. The Plaintiff declined medical treatment at the scene but went to the emergency room later that afternoon with complaints of neck, back, and radiating arm pain. Medical treatment included physical therapy, epidural steroid injections, and a one-level cervical fusion surgery. At the time of trial, past medical expenses were just over $184,000.00.

The Defense

The defense presented the testimony of two of Defendant’s former employees who claimed that the forklift never hit the Plaintiff. At most, the defense claimed, the forklift hit the Plaintiff’s shopping cart. The defense noted that Plaintiff did not report neck pain at the scene and walked out of the store and returned to work. The defense also claimed that Plaintiff’s pain was caused by arthritis, a degenerative condition that progresses with age. To support this theory, the defense hired an orthopedic surgeon who testified that the cervical damage was all degenerative and not caused by trauma. The jury did not buy this defense because, as Plaintiff’s orthopedic surgeon testified, the Plaintiff never needed treatment for neck pain prior to the day he was hit by the forklift.

Ultimately, the jury rejected the defenses’ denials and found in favor of the Plaintiff. Attorneys Joel Williams and Alan Hamilton were able to show material inconsistencies in the testimony of the defense witnesses. They were also able to show that the Defendant’s practice of operating forklifts in and around customers without any warnings or barriers was inherently dangerous. https://www.osha.gov/SLTC/poweredindustrialtrucks/hazards_solutions.html

Importance of Preserving Evidence

Throughout the case, the defense claimed there was no surveillance video of the incident because there was no camera in the store “facing the direction” of the aisle where it happened. Just before trial, on a hunch, we sent someone out to “trust but verify.” Sure enough, there was a camera mounted on the wall that was facing the direction of the aisle where the incident occurred. We believe this key contradiction, along with the fact the video was not preserved from the day of the incident, was detrimental to the corporate defendant’s story of what really happened that day.

The Jury

The jury began deliberations on Thursday, December 10, 2015 at approximately 5:00 p.m. and deliberated about an hour before going home. They returned the following day and returned a $1,975,000.00 Plaintiff’s verdict. The verdict was nearly 10x the highest offer made by the defense prior to trial and was a reminder of the vital role juries play in our civil justice system. The jury took their job seriously and provided long awaited vindication for a very deserving client.