NEGLIGENT SECURITY ATTORNEY SERVING CRIME VICTIMS IN MACON, GEORGIA
Need a negligent security attorney that serves crime victims in Macon, Georgia, but not sure where to look? You’ve come to the right law firm. Williams Elleby Howard & Easter believes in providing legal service with the same Georgia hospitality Macon is known for.
Our fellow Georgia residents should be safe and protected at apartment complexes, overnight lodging, gas stations, small businesses, and other commercial properties. Unfortunately, sometimes commercial establishments fail to live up to their duty and people are injured. When that happens, our firm steps in to file a civil lawsuit against the property owner to ensure the injured party is compensated for their injuries.
If you want to learn more about the specifics of your potential case, we offer free consultations. Call us at 833-LEGALGA or 833-534-2542 to set up a free meeting with one of our experienced negligent security attorneys.
HOW TO WIN A NEGLIGENT SECURITY CASE IN MACON, GEORGIA
Wondering whether you can win your Macon negligent security case? To win a negligent security case, you must be able to prove that you were the guest of a property owner that failed to act reasonably to keep you safe. You must also prove that the property owner’s negligence caused your damages. Additionally, your attorney must competently research your case, develop arguments, and present the arguments in a persuasive manner.
Under Georgia law, commercial landowners and occupiers cannot escape liability just because someone else committed the crime. Under Georgia law, O.C.G.A. § 51-3-1, property owners and occupiers must exercise ordinary care to keep their property safe for their guests. What an owner is required to do will vary from case to case, but they must generally take steps to try to deter foreseeable criminal attacks.
The most common foreseeable criminal attack occurs after similar attacks. A good example may be an armed robbery in a dark corner of an apartment complex parking lot after five other attacks in the same area. In cases where property owners do not live up to their duty to protect against foreseeable criminal acts, Georgia courts have consistently held property owners liable, such as in Walker v. Aderhold Properties, 303 Ga. App. 710, 712-13 (2010).
WHAT CAN A NEGLIGENT SECURITY ATTORNEY DO FOR ME
After you retain a negligent security attorney, like the ones at our firm, they will investigate your case. Typically, the process begins with reviewing the police records from the case to learn more about the crime. Police records are generally public and can be obtained by sending a request to the police department with jurisdiction. In Macon, that is usually the Macon Police Department or Bibb County Sheriff’s Office.
The next step in the investigation is usually to have a security expert review the case. The expert’s job is to evaluate what, if any, security was provided and whether it was adequate and reasonable. If the security was inadequate, a lawsuit is usually filed. However, before filing any lawsuit, your negligent security attorney should consult with you to explain why they think a lawsuit is appropriate and ensure you want to move forward. Good attorneys keep you up to date.
There are multiple steps in the lawsuit process. It begins with the filing of a document called a Complaint, which is what most people think of as “the lawsuit.” The defending parties will answer the complaint. Then all parties will exchange written discovery and conduct depositions to learn more about the case and develop their strategies.
During these initial stages, there are often settlement negotiations. If negotiations fail, most cases will eventually go to mediation, where a disinterested third party helps try to reach a resolution. If mediation fails, the case will be set for trial. At trial, your attorney must prove that both the commercial establishment was at fault and failed to prevent foreseeable injuries as well as what your injuries were and how much they are worth. In most cases, a jury will decide both these issues.
APPORTIONMENT OF FAULT FOR NEGLIGENT SECURITY CASES IN MACON
In negligent security cases, there are typically at least two at-fault parties: the criminal that actually carried out the crime and the owner of the hotel, motel, apartment complex, or other property where the crime occurred. During trial, the jury will be asked to apportion fault. This means that they decide what percentage at fault to assign to each party or non-party. This includes determining whether the injured party was at fault. The percentages must add up to 100%.
For example, let’s say a Plaintiff was violently mugged in the parking lot of their apartment complex and the jury has decided they suffered $100,000 in damages. They decide the Plaintiff had no fault and that the apartment complex and criminal were each 50% at fault. In this scenario, the apartment complex will be ordered to pay the Plaintiff $50,000, and the criminal will be ordered to pay $50,000. Unfortunately, many criminals do not have enough money to pay the judgments they owe, so the Plaintiff may only actually receive what the apartment complex was ordered to pay.
For more on fault apportionment, check out this video where Joel Williams explains it in detail.
CALL OUR EXPERIENCED NEGLIGENT SECURITY ATTORNEYS TODAY FOR A FREE CONSULTATION
Our attorneys serve Macon crime victims and are here to help if you have been the victim of a violent crime at a commercial establishment like an apartment complex or hotel. Contact us at 833-LEGALGA or 833-534-2542 to schedule your free consultation.
