NEGLIGENT SECURITY ATTORNEY SERVING SAVANNAH
If you are a crime victim that was physically inured due to negligent security at a Savannah motel, apartment complex, or commercial business, Williams Elleby attorneys can help you understand whether you are entitled to financial compensation. To hold the property owner accountable for your injuries, contact Attorney Joel Williams to discuss your potential Savannah negligent security claim.
When hotel or apartment managers or owners fail to take the necessary safety measures to protect their guests from being victimized by violent crime, the crime victim may have grounds for a negligent security lawsuit.
For years, the experienced attorneys with Williams Elleby have fought for the rights of injured Savannah residents. We understand the stress that a severe injury can bring, which is why we work tirelessly to make the legal process as painless as we can.
HOW TO WIN A NEGLIGENT SECURITY CASE IN SAVANNAH GEORGIA
In most cases, our experienced attorneys bring Savannah negligent security cases under Georgia statute O.C.G.A. § 51-3-1. This law highlights the duties owed by owners or operators of real estate property to their guests. Specifically, the statute mandates that property owners and operates owe a duty to exercise ordinary care when it comes to the safety of their guests.
This duty requires property owners to take reasonable efforts toward deterring foreseeable violent criminal acts on their property. Whether or not the attack was foreseeable is one of the critical factors in a negligent security case. Property owners are not liable for injuries they could not foresee, regardless of how devastating the injuries might be. It is up to a negligent security attorney to establish that a particular crime was foreseeable. This can be done through a variety of methods, including evidence that similar crimes had occurred at the same property in the recent past.
Investigating a negligent security case starts with formal requests to the appropriate law enforcement agencies for the crime statistics of the area near where the attacks took place. Frequently, this can take the form of a grid map indicating where recent criminal activity has taken place. In Savannah, the Savannah Police Department and the Chatham County Sheriff are the two law enforcement agencies most likely to have jurisdiction.
An attorney will compile these crime statistics and compare them to the factors in the current case. This process often involves consultation with security experts to determine if there was a recognizable pattern of criminal activity on or near the property. If the property owner or manager should have known of the risk of the criminal behavior given the rate of similar crimes nearby, the victim may have a strong case moving forward.
After the lawyer files the lawsuit, the discovery process will begin. This process will provide the attorney with the chance to question the owner of the property and their employers regarding their knowledge of the crime rate of the surrounding area. If the attorney can show that the owner or their employees knew of the risks and failed to act, it may be enough to convince a jury.
A negligent security trial typically involves a jury made up of 12 people. The jury will listen to the evidence and then determine if the property owner was responsible. If the jury agrees the property owner did not meet their duty of care, it will be their decision on what damages to award.
APPORTIONMENT OF FAULT FOR NEGLIGENT SECURITY CASES IN SAVANNAH
In Savannah negligent security cases, the judge will instruct the jury to determine the percentage each party in the lawsuit was at fault. This includes assessing the level of fault for the victim, the criminal responsible for the attack, and any owners or operators of property that the jury found liable. This video provides a detailed explanation of the process.
Consider the following example: a jury determines the victim’s damages based on the attack to be $1,000,000. Unfortunately for the victim, that does not mean they are entitled to the full $1,000,000. The jury will be tasked with apportioning the fault. In this example, the jury finds the criminal 30% at fault, the property owner 50% at fault, and the victim 20% at fault. This means the victim would be entitled to recover $500,000 from the property owner and $300,000 from the criminal responsible for the attack. The victim would not be entitled to the remaining $200,000, as they were responsible for that portion of the damages.
CONTACT WILLIAMS ELLEBY FOR A FREE CONSULTATION AFTER A CRIMINAL ATTACK IN SAVANNAH
If you suffered injuries due to a violent crime at a Savannah apartment complex, hotel, or other commercial building, the negligent security attorneys at Williams Elleby are happy to provide you with a free consultation. Get your case started today by calling 833-LEGALGA (833-534-2542).