NEGLIGENT SECURITY ATTORNEY IN KENNESAW GEORGIA
If you are looking for a negligent security attorney in Kennesaw, Georgia, you have found the right law firm. Our main office is in Kennesaw and our attorneys live here. We love helping our Kennesaw friends and neighbors when they face difficult legal battles and we give back to the Kennesaw community through local charities like Helping One Guy (HOG). Our firm is also committed to supporting our local economy through our involvement in the Kennesaw Business Association.
If you have been the victim of a criminal attack at an apartment complex, hotel, or other commercial establishment, you may be able to bring a civil claim for damages against the owner of the property. Here is a video by our founding partner, Attorney Joel Williams, that will help you understand the nature and details of a Kennesaw negligent security claim:
When a hotel or apartment complex doesn’t take reasonable measures to keep their tenants and guests safe and someone is shot, stabbed, or assaulted on the premises, the victim may be able to bring a negligent security lawsuit and receive compensation for their injuries. Most negligent security cases that arise out of criminal attacks in Kennesaw are brought in the State Court of Cobb County.
HOW TO WIN A NEGLIGENT SECURITY CASE IN KENNESAW GEORGIA
Are you wondering how to win a negligent security case? Negligent security cases are usually brought under Georgia statutory law that sets forth the duties an owner or occupier of land owes to their guests. Property owners and occupiers owe their guests a duty to exercise ordinary care in keeping their premises safe. O.C.G.A. § 51-3-1.
This means that an apartment complex, hotel, gas station, or business has a duty to try and deter any foreseeable criminal attacks. Georgia courts have consistently held that a property owner or occupier may be held liable for criminal acts occurring on its property if the occurrence of crime was foreseeable. Walker v. Aderhold Properties, 303 Ga. App. 710, 712-13 (2010). Foreseeability may be established in many ways, one of which is through evidence of similar criminal activity occurring on a commercial property.
A negligent security attorney will begin his or her investigation into your negligent security case by sending an open records request to the police department that has jurisdiction over the area where the property is located. The request will ask for a crime grid that shows the type and number of crimes that occurred at the particular location. For negligent security cases in Kennesaw, the request will usually be sent to the Kennesaw Police Department or the Cobb County Police Department.
Once the level of crime has been established through an open records request, your attorney will consult with a security expert to determine whether the level of security provided at the location was appropriate. If your attorney and his or her expert determine that the property owner did not act reasonably to deter the criminal activity, he or she should consult with you about filing a negligent security lawsuit.
During the lawsuit, your attorney will take depositions of the property owner and its employees to determine the extent of their knowledge of the prior criminal activity. Prior crime victims will be interviewed and possibly deposed to prove that prior crimes were reported to the property owner.
Assuming that the critical element of foreseeability can be established, your attorney will also need to prove the extent of your injuries. This is done through medical records and testimony from your treating physicians.
After all the proper evidence is gathered, it is time to get ready for mediation and trial. If a trial is necessary, a jury of 12 people will decide whether you are entitled to recover any damages. The jury will also decide the amount of damages, if any, that you should be awarded.
APPORTIONMENT OF FAULT FOR NEGLIGENT SECURITY CASES IN KENNESAW
In Kennesaw negligent security cases, the trial court will instruct the jury to apportion a percentage of fault to all parties involved in the case. This includes the criminal who most often has no means to pay. The total percentage of fault must equal 100% and the entire process is explained in detail in this video by Attorney Joel Williams.
Apportionment works like this: Imagine the jury decides that a Plaintiff’s total damages are $1,000,000.00. The jury also apportions 50% of fault to the property owner, 30% fault to the criminal, and 20% fault to the Plaintiff. In this scenario, the Plaintiff recovers $500,000.00 from the property owner and will only recover from the criminal if he or she is a party and has assets to pay the judgment. The Plaintiff will not recover 20% of the award because he or she bears responsibility for 20%.