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When you go out to enjoy yourself in a public place like a park, club, or movie theater, you have the right to expect the owner to keep the area safe. This falls under an area of the law called premises liability: property owners can be held liable for damages done on their property, if it can be shown that the owner’s failure to provide a reasonable degree of security contributed to the harm. This post will give you a few examples of negligent security, but bear in mind that these are only a few examples.
When you look for negligent security examples, they are usually criminal acts committed by someone other than the property owner. With a negligent security case, the argument is that the harm you received could have been prevented if the property owner had done their due diligence by putting reasonable security measures in place. A few of the crimes that could potentially lead to a negligent security claim include:
Victims of these crimes, as well as their family members, may well want to consider whether negligent security was a factor in the situation. If you or a loved one has been the victim of a crime on the property of a business, you may have a claim of negligent security. Get in touch with The Stoddard Firm at 678-737-8587 or contact us online to set up a free consultation. We’ll go over the details of your situation and help you evaluate your negligent security case, and we can represent you in court if that becomes necessary.
Shootings can happen as part of an isolated incident or in mass shootings. In both cases, businesses have the duty of care to ensure that they can provide a safe environment to their patrons. This can include requirements to have security guards, lighting in entrances and hallways, security cameras, and a variety of other security implements.
Violent acts happen, and there are limits on what certain businesses will be able to do to ensure the safety of their patrons. What constitutes reasonable precautions can depend on the nature of the business. But all businesses have the requirement to give their patrons a reasonable degree of safety, which means shooting victims should always speak to a lawyer to see whether they have a case of negligent security.
Assault is generally defined as an action that is meant to cause “a reasonable apprehension of imminent and harmful contact.” In other words, an assault takes place when someone intentionally gives another person cause to believe they are about to be harmed. Battery takes place when the intentional harmful contact actually occurs.
Businesses have a duty of care to ensure that their patrons do not fall victim to assault and battery. Businesses, such as bars and clubs, where the potential for these sorts of incidents to occur is very high, are expected to maintain sufficient security on hand to ensure that such incidents either do not take place or are rapidly broken up.
That being said, all businesses have a duty to take precautions against assault and battery. Fights can potentially break out anywhere, and every business has a duty to make sure these events are as rare as possible and cause as little harm as possible.
Just as with shootings and assault-related crimes, businesses owe a duty of care to their patrons to take reasonable precautions against any sexual crimes that may occur. As with other crimes, some of the precautions against this include a clearly visible security force, clearly visible and well-maintained security cameras, and adequate lighting in entranceways, hallways, alleys, etc.
Businesses that fail to ensure a reasonable degree of security against sexual crimes can and will be held negligent when these crimes take place. If you or a loved one has been the victim of a crime on the premises of a business, you may have a case of personal injury. Get in touch with a trusted personal injury attorney and set up a consultation. You’ll be able to get an evaluation of your case and consider your options at no cost to you.
In the case of murder victims, the family of the deceased may be able to file a negligent security case of a special sort, known as a wrongful death claim. A wrongful death case is like a normal personal injury case in many ways, except for the fact that the case is brought by the family of the deceased, who is, naturally, unable to file the case themselves.
A property owner can be negligent in a murder case in much the same way that they could be negligent in any other personal injury case. Lax security measures, poor maintenance of security equipment, lack of security guard or police presence, and many other preventable factors can combine to make an area unsafe. If the owner of a property does not take reasonable measures to prevent a murder taking place on their property, they can and will be held liable for it. If your family member has been killed on the property of a business, get in touch to set up a consultation.
Please give us a call at 678-737-8587 or contact us online so we can answer your questions and discuss what is necessary to achieve a favorable result. Being the victim of a violent crime is life changing and can result in confusion and fear. Our Atlanta negligent security lawyers are compassionate and caring, and we honor the dignity of every client during what is understandably a difficult time. Our team is ready to discuss your legal matter to give you a clearer picture of what you can expect if you move forward with your case. Remember, it never hurts to have more information.
A dedicated, ethical advocate who takes on major corporations and global insurers with virtually unlimited resources. Known for high-profile cases featured on Courtroom Viewing Network, this attorney is also a sought-after legal educator, teaching at seminars for top bar associations. Trusted by clients and media alike, they work tirelessly to secure justice and deliver results.
Member of the Atlanta Bar Association, the Georgia Bar Association, and the Georgia Trial Lawyers Association
Licensed in Georgia since: 2008
Education: University of Georgia School of Law
Personal injury compensation enables an injured individual to regain the same quality of life they had before the incident. This may entail funds for modifying a home for wheelchair accessibility or offering vocational training for those unable to return to their previous job. It is crucial for compensation to cover lost earnings and cover both past and anticipated medical costs.
We conduct interviews with colleagues, consult with attending healthcare professionals, and engage specialists to ensure we secure comprehensive compensation that aids our clients in re-establishing their life trajectories.
When deciding to hire an Atlanta personal injury lawyer, you need to consider:
1. Who’s at Fault
If you’re in an accident and it’s unclear who’s responsible, seeking advice from an attorney is wise. Insurance companies may attempt to attribute damages to you in such scenarios. An attorney can shield you from counterclaims and cross-claims, safeguarding your rights.
2. The Severity of Injuries Sustained
When facing a lifetime of pain, suffering, and mounting bills, taking chances is not an option. A personal injury attorney is entrusted with averting lifelong financial strain.
3. If You’re Facing Insurance Company Denial or Delay
The intricate laws and procedures surrounding personal injury claims are areas where insurance companies capitalize on individuals’ lack of expertise. A lawyer can provide invaluable assistance in this regard.
It’s possible but not necessarily probable and will likely depend on whether you want your case to go to trial. The majority of cases end in a settlement. Going to trial typically occurs when there are intricate, contentious matters regarding the accident’s cause or the severity of your injuries. Occasionally, defendants may simply be unyielding and unwilling to settle or you may just want more than the insurer believes is reasonable.
It shouldn’t be a shock if your attorney diligently pursues a settlement while also readying your witnesses for trial. A proficient lawyer must be equipped for any scenario. Demonstrating to the opposing party that we’re gearing up for a trial indicates that we’re resolute and not inclined to back down.
Determining all potential parties who could be held liable for a personal injury involves a thorough investigation of various factors. If someone else neglected to exercise reasonable care, they can be held accountable for the resulting injuries, as outlined in Title 51 of Georgia Code of Laws or as outlined in Georgia’s common law.
The individual directly involved in the accident may not be the sole party at fault. For instance, in the case of a drunk driving accident, while the driver may bear responsibility, the person who knowingly provided additional alcohol to an obviously intoxicated individual could also be deemed liable. In other circumstances, an at fault party’s employer is responsible for its employees actions.
Following a personal injury accident, there are critical steps you should take. First and foremost, seek prompt medical attention. Visit the emergency room or call for an ambulance at the accident site. Any delay in receiving medical care could impact your health and the outcome of your personal injury case.
Refrain from discussing your case with the insurance company representing the at-fault party. They may deny your settlement or offer a significantly lower amount than you deserve.
Additionally, it’s crucial for both you and your personal injury attorney to gather as much evidence and documentation as possible. This is vital in establishing that your injuries resulted from someone else’s negligence. Make an effort to collect records and documents related to your case, including medical records, police reports, photographs, witness contact information, and similar items. Once you’ve received medical attention, contact The Stoddard Firm.
Do not say anything! If an insurance company contacts you, refrain from providing any information until you have consulted with your attorney. Insurance companies typically contact accident victims in an attempt to elicit a statement about the incident, which they may use to devalue the settlement.
While you may eventually need to converse with them, seeking guidance from a seasoned legal team is crucial. They will provide clear instructions on what you should and should not disclose to protect the value of your case.
This page has been written, edited, and reviewed by a team of legal writers following our comprehensive editorial guidelines. This page was revised and approved by Attorney Matthew B. Stoddard, who has more than 16 years of legal experience as a personal injury attorney.
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