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

How To Win A Slip and Fall Injury Claim

Slip and fall accidents are some of the most common accidents and they can take place in almost any setting, from the office to the hospital and local grocery store. Injuries from slip and fall accidents range from very minor bruises to broken bones, traumatic brain injuries, and even death. If you fall and hurt yourself on someone’s premises, you may have the right to be compensated for your injuries.
However, there are countless of unsuccessful slip and fall lawsuits every year because the plaintiff failed to provide the evidence necessary to win. If you’ve been in a slip and fall accident in Georgia, retain an attorney to help you show you have legitimate case by proving certain crucial elements.

A Breach of Duty

For any slip and fall accident, it must be proven that the defendant had a duty and that it was breached. In other words, this means the owner or occupier of the premises is responsible for maintaining the property and ensuring there are no conditions that could cause harm to anyone, within reasonable means. When owners and managers are not the same person for a property it must be established which party controlled the property at the time the injury happened. Without proving duty, a slip and fall lawsuit cannot succeed.

Liability And Negligence

Establishing duty is part of proving the defendant acted negligently. If negligence is established the defendant can be held liable for any damages related to the slip and fall. To prove the owner was negligent there must be evidence that they failed to take reasonable care so no one would be injured. An owner of a property could be considered negligent if, for example:

  • They failed to routinely check for potential hazards on the property;
  • A hazardous condition/obstacle existed long enough for the owner to reasonably take action to eliminate the hazard;
  • They had no justification for the creation of a hazard;
  • They failed to take preventative measures that could make the hazardous condition less dangerous.

Dangerous Conditions Caused The Injury

Although it may seem obvious to you if you were injured because of a hazardous condition, it is still necessary to prove the dangerous condition was foreseeable and the reason for the injury. Even if negligence existed, you cannot win a slip and fall case unless the fall was directly caused by the negligent action.
In addition, you must also prove that you weren’t doing something which you could have reasonably foreseen would lead to injury. For instance, you could not sue a zoo if you fell into an animal enclosure because you were standing on the wall surrounding the enclosure.

Damages

Once duty is established and negligent behavior is proven to have caused the injury, you must also prove damages resulted because of the injury. In other words there must be something, whether it’s medical expenses or property repair, that can be paid for with monetary compensation.

Ready To Win Your Slip And Fall Case?

If you’ve been injured in a slip and fall accident in Cobb County, Georgia, contact Williams Elleby Howard & Easter. Our legal team will answer any questions you have about filing a slip and fall lawsuit and ensure you have a viable case that can win.

$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.