Hurt in an assault, shooting, or robbery on someone else’s property in Atlanta? Our Georgia-licensed negligent security lawyers investigate fast and hold property owners, managers, and security companies accountable. We use crime data, 911 records, and security experts to prove foreseeability and win maximum compensation for medical bills, lost wages, and pain and suffering. Free, confidential consultation. No fee unless we win.
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Were you attacked due to poor security?
No fees unless we win your case
Georgia Negligent Security Law (O.C.G.A. § 51-3-1) and Premises Liability
Third-Party Criminal Acts and Property Owner Duties
Negligent security is a type of premises liability claim. It happens when a property owner fails to provide adequate security, and a third-party criminal act causes injury. These cases involve crimes like assault and battery, robbery, rape, homicide, mugging, kidnapping, burglary, larceny/theft, vandalism, or arson.
Under Georgia premises liability law, property owners owe visitors a duty of care. This means taking reasonable precautions to prevent foreseeable crimes. The specific duty depends on whether you were an invitee, licensee, or trespasser under O.C.G.A. § 51-3-1.
Invitee vs. Licensee vs. Trespasser Standards
Business invitees get the highest protection. Property owners must inspect for dangers and either fix them or warn visitors. Licensees receive less protection, and trespassers the least, though owners cannot willfully injure them.
Proving Negligent Security: Duty, Breach, Causation, Damages
Four essential elements must be proven:
- Duty: The property owner had a legal obligation to protect you
- Breach: They failed to meet security standards
- Causation: The security failure enabled the crime
- Damages: You suffered losses from the attack
Duty of care
The property owner must have a legal duty to protect you. Business invitees get the highest protection. Property owners must inspect for dangers and either fix them or warn visitors.
Breach of duty
The owner must have failed to meet security protocols or industry best practices. This breach could be broken locks, doors, gates, poor lighting in parking lots and stairwells, or inadequate security guards.
Causation
The security failure must have directly enabled the crime. If proper alarm systems, surveillance systems, access control, or emergency call buttons were in place, would the attack have happened?
Damages
You must have suffered physical injuries, mental injuries, or other losses. This includes medical bills, lost wages, pain and suffering, and in tragic cases, wrongful death.
Foreseeability Under Georgia Case Law
Sturbridge, Martin, and Reid Explained
Under cases like Reid v. Augusta-Richmond County Coliseum Authority and Sturbridge Partners, Ltd. v. Walker, foreseeability is key. Courts apply the substantially similar crimes doctrine. Prior violent crimes at the location make future attacks foreseeable. Martin v. Six Flags Over Georgia II, L.P. shows courts consider the totality of the circumstances.
Using Police Reports, 911 Records, and Crime Maps
We use 911 records, police reports, and incident reports to prove the owner knew about crime risks. Under O.C.G.A. § 50-18-70 (Georgia Open Records Act), we can request this data from Atlanta Police Department and DeKalb County Police. We also request DeKalb County 911 audio and CAD logs where applicable to establish notice and foreseeability.
Totality of the Circumstances
High-crime areas, poor lighting, and broken security equipment all matter. Courts evaluate the complete picture of security risks and property conditions.
Common Atlanta Locations for Negligent Security Claims
Apartments, Parking Garages, Hotels, Bars/Clubs, Gas Stations, ATMs, Transit (MARTA)
Apartment complexes with broken gates and non-working access control logs create dangers. Dark parking garages without security cameras or patrol logs invite crime. Hotels must have working locks and surveillance footage retention. Bars face dram shop liability under O.C.G.A. § 51-1-40 along with security claims. 24-hour gas stations in high-crime areas need extra measures. Banks must provide adequate lighting at ATMs. MARTA stations require special notice procedures.
Who Can Be Liable (Owners, Managers, Franchisors, Security Contractors)
Property owners have primary responsibility under landlord-tenant duties (O.C.G.A. Title 44). Property managers share liability for daily security operations. Franchise/franchisor liability depends on control over security decisions. Security contractors face liability for negligent hiring, training, and retention. HOAs and management companies control common area security.
Evidence of Negligence
Lighting (IES), Cameras, and Access Control Logs
We check against Illuminating Engineering Society (IES) lighting standards and CPTED (Crime Prevention Through Environmental Design) principles. Dark areas without proper illumination create opportunities for crime.
Locks, Gates, Doors, Alarms, and Emergency Call Buttons
Broken or bypassed security features show clear negligence. Missing or nonfunctional emergency call buttons or blue-light phones in parking areas and stairwells are common failures that increase response time and risk.
Maintenance, Incident, Visitor, and Patrol Logs
Maintenance logs reveal known problems. Visitor and patrol logs show security lapses and abandoned posts.
Industry Standards (CPTED and ASIS Best Practices)
Expert witnesses compare actual conditions to ASIS International best practices and industry standards. We rely on ASIS International standards and security post orders when benchmarking staffing, surveillance, and access control.
Common security failures include:
- Poor lighting per IES standards
- Dark stairwells and walkways
- Broken locks, gates, and doors
- Nonfunctioning cameras
- Missing emergency call buttons
- Inadequate guard staffing/post orders
Our Investigation and Preservation Process
Site Inspection and Spoliation/Litigation Hold Letters
We immediately visit the scene for evidence preservation. Photos, measurements, and lighting readings are crucial. We send litigation hold/preservation letters to prevent spoliation of evidence.
Surveillance Footage, Witness Interviews, and Camera Retention
Camera retention policies vary, so speed matters. We interview witnesses and secure their contact information.
Open Records (O.C.G.A. § 50-18-70) and 911 Audio Preservation
We file requests for all relevant records to establish the pattern of substantially similar criminal assaults. Our team performs thorough crime data analysis using Atlanta crime maps.
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Working With Security Experts
Certified security consultants and former law enforcement
We work with certified security consultants and former law enforcement to review your case. These experts understand ASIS International best practices and proper security protocols.
Expert testimony on reasonable precautions and industry standards
Security expert testimony explains what reasonable precautions the property should have taken based on ASIS International standards.
What To Do After an Assault on Someone Else’s Property
Take these immediate steps:
- Call 911 and seek medical care
- Photograph the scene and your injuries
- Preserve torn clothing as evidence
- Gather witness contact information
- Contact a lawyer to issue spoliation notices
Avoid speaking to insurance adjusters before counsel
Insurance companies protect property owners, not you. Talk to us first.
Atlanta & Public Entity Claims
Venue/Jurisdiction (Fulton & DeKalb)
Venue and jurisdiction (Fulton County, DeKalb County) affect where we file your case.
Ante Litem Notice Deadlines (Cities vs. Counties/State)
Claims against public entities require specific notice windows: typically 6 months for cities and 12 months for counties and state agencies. MARTA and housing authorities have entity-specific rules we must confirm and follow.
Insurance Coverage and Sources of Recovery
CGL, Umbrella/Excess, Additional Insured Endorsements
Most businesses carry commercial general liability (CGL) insurance plus umbrella and excess insurance for larger claims. Multiple insurance policies may cover your claim through additional insured endorsements.
Potential insurance sources include:
- Commercial General Liability (CGL)
- Umbrella/excess policies
- Security contractor policies
- Additional insured endorsements
- MedPay coverage
Crime Victims Compensation and MedPay
The Georgia Crime Victims Compensation Program provides some help. MedPay coverage may also apply.
Policy-Limits Demands and Negotiation Strategy
Our policy-limits demand and negotiation strategy maximizes your financial compensation and settlement recovery.
Dealing With Shooting and Gun Violence Claims
Foreseeability of shootings and prior violent incidents
Gun violence and shootings require showing prior weapons incidents or violent crimes.
Ballistics, shell casings, and camera footage retention
Ballistic evidence and shell casings help reconstruct events.
Access control failures and gate/lock bypasses
Broken gates that allow criminals easy access strengthen your claim.
Damages You Can Recover in Georgia
Recoverable damages include:
- Medical bills (past and future)
- Lost wages
- Diminished earning capacity
- Pain and suffering
- Loss of consortium
- Punitive damages in egregious cases
Medical expenses and lost wages
We fight for all medical bills, including future treatment. Lost wages and diminished earning capacity are recoverable.
Pain and suffering and emotional distress
Georgia law allows recovery for physical and emotional pain.
Wrongful death and survivor claims
Families can pursue survival action and estate claims for lost loved ones.
Comparative Fault, Apportionment, and Punitive Damages
How comparative negligence and apportionment affect recovery
Under O.C.G.A. § 51-12-33 (comparative negligence and apportionment), your recovery may be reduced if you’re partially at fault.
Apportionment to the criminal assailant
The criminal’s fault doesn’t eliminate the property owner’s liability.
Punitive damages standards and caps
Under O.C.G.A. § 51-12-5.1 (punitive damages), Georgia caps most punitive damages at $250,000 unless specific exceptions apply.
Timeline: Settlement vs. Trial
Case phases and expected milestones
Cases typically take 12-24 months. Investigation, discovery, mediation, and trial preparation each have timelines.
Negotiation vs. litigation strategy
We pursue accountability and justice through trial representation when needed, but most cases reach settlement recovery without trial.
Statute of Limitations in Georgia
Two-year deadline for personal injury and negligent security
O.C.G.A. § 9-3-33 (two-year SOL) gives you two years from the injury date to file.
Why early action and evidence preservation matter
The complex legal burden of proof requires immediate action. Evidence disappears quickly.
Ante litem notice for claims involving public entities
Claims against MARTA or housing authorities need special notice within specific timeframes: 6 months for cities, 12 months for counties/state agencies.
Do You Have a Case? Free Evaluation
What we look for in viable negligent security claims
Strong cases show clear security failures, prior crimes, serious injuries, and insurance coverage.
What to bring to your consultation
Bring police reports, medical records, photos, and any correspondence with property management.
Fees — No Upfront Cost, No Fee Unless We Win
Contingency fees explained
We work on contingency – no upfront fees. We only get paid if we win.
Case costs and how they’re handled
We advance all costs for expert witnesses, court fees, and investigation. You repay these only from a successful recovery.
Where We Handle Negligent Security Cases in Metro Atlanta
Buckhead, Midtown, Downtown, Old Fourth Ward
We know Atlanta’s neighborhoods and crime patterns.
West End, South Fulton, College Park, East Point
Southern metro areas face unique security challenges we understand.
Decatur, Sandy Springs, Doraville, Chamblee, and more
We serve all metro Atlanta communities.
Overlapping Claims: Negligent Security and Other Theories
Negligent hiring, training, and retention of security staff
Poor background checks or training create additional liability.
Dram shop liability for overservice at bars and clubs
Alcohol-related violence may involve multiple legal theories under O.C.G.A. § 51-1-40.
Claims against short-term rentals (Airbnb/VRBO) and hosts
Vacation rental platforms have unique liability issues.
Why Choose Our Atlanta Negligent Security Attorneys
Local knowledge of Georgia premises liability law
We know Georgia law and local courts. We understand hospital liens (O.C.G.A. § 44-14-470) and other state-specific issues.
Trial-ready representation
Insurance companies know we’ll go to trial. This gets better settlements.
Dedicated client communication
You’ll always know your case status. We return calls promptly.
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FAQs
You must prove: (1) the property owner owed you a duty of care, (2) they breached that duty through inadequate security, (3) this breach caused your injury, and (4) you suffered damages.
We prove foreseeability through prior similar crimes at the location, crime data analysis, and the totality of circumstances like location and security lapses.
Any third-party criminal act including assault, robbery, rape, shooting, stabbing, mugging, kidnapping, and murder.
Broken locks, inadequate lighting, non-working cameras, missing security guards, and maintenance logs showing known problems.
Initial investigation takes 30-60 days. Full case development continues through discovery, usually 6-12 months.
Medical bills, lost wages, pain and suffering, emotional distress, future medical care, and sometimes punitive damages.
No. We work on contingency with no upfront fees. We only get paid if we win your case.
Certified security consultants provide expert testimony on industry standards and what reasonable precautions should have been taken.
Strong cases show inadequate security, prior crimes, serious injuries, and available insurance. Call for a free evaluation.
Two years from the date of injury under O.C.G.A. § 9-3-33. Some government claims require earlier notice.
Yes, if they failed to provide adequate security despite knowing about crime risks on the property.
All three may share liability. We pursue all responsible parties and their insurance.
Yes. Criminal conviction isn’t required. We only need to prove the property owner’s negligence enabled the crime.
We send spoliation letters immediately upon retention. Most systems retain 30-90 days of footage. If video is already lost, we use witness testimony, police reports, and other evidence to build your case.
Our contingency fee is typically 33-40% depending on case complexity and stage of resolution. If we don’t win, you owe nothing for attorney fees or the case costs we advanced.
Yes, you may still recover as long as you’re less than 50% at fault. Your recovery will be reduced by your percentage of fault under O.C.G.A. § 51-12-33.
Take Action Today
Future safety improvements depend on holding negligent property owners accountable. When businesses face financial consequences for poor security, they fix problems. Your case helps protect others.
Don’t wait. Evidence disappears. Witnesses forget. Video gets deleted. The statute of limitations runs. Call now for your free, confidential case evaluation. We’ll review your case, explain your rights, and start fighting for the compensation you deserve.
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