Negligent Security Lawyers/ Attorney Macon, GA
Building owners are duty-bound to make provisions for the safety of the people who live on their premises or visit the premises for personal or professional reasons. Sadly, not all building owners follow legal safety requirements on their properties. There are many buildings in Georgia that are not well-equipped to handle criminal activities that may occur on their property.
This is why the State of Georgia has created the Negligent Security liability clause, which is designed to help victims of criminal activity sue building owners who were negligent with their property’s safety.
What constitutes negligent security?
According to the Negligent Security Macon, GA law, “negligent security” constitutes all of the following:
- Not having security cameras in place.
- Not hiring enough security staff or patrol services.
- Not properly locking the doors and windows of the property.
- Not repairing broken or damaged fences and walls.
- Not training security personnel on handling crime.
- Not having the right lighting on the premises.
Who does the Negligent Security Macon GA law applicable to?
The negligent security liability law covers a wide variety of premises:
- Residential and commercial buildings
- Government properties
- Airports, bus and train terminals, subway stations, and dockyards/ports
- Academic and religious institutions
- Public spaces and public facilities
- Corporate Spaces
Requirements for a Negligent Security Claim
In order to claim damages for any injury or accident experienced because of negligent security on the part of the building owner, the claimant must prove all of the following:
- The building owner was subject to safety rules from the Government.
- The owner failed to follow the instructions and was in a breach of the law.
- A criminal activity took place on the property.
- The negligence displayed by the owner resulted in the injury, vegetation or death of an individual on the premises.
Claimants can also invoke “foreseeability of crime” to prove negligent security. Let’s say a building:
- Was located in a high-risk or high-crime neighborhood.
- Had a history of criminal attack in the past.
- Was regularly experiencing volatile situations from its residents or visitors (screaming, beating, abuse and so on).
If any of these can be proved by the claimant in relation to the building under contention, the law automatically agrees there has been negligence in security.
According to Negligent Security Macon, GA law, these signs indicate a high likelihood of crime on the building premises. If the building owner has not put in place relevant security features despite these signs, he/she can be held negligent.
In 2017, the Georgia Supreme Court ruled that negligent security liability can also be claimed if the crime occurs near or around the property. If the events that led up to the crime started on the building premises, but the actual crime took place outside the property, even then victims can claim damages from the building owner for failing to notify security of the potential crime.
When does the Negligent Security Macon GA law not apply?
The only instance where negligent security cannot be claimed by the victim is when the landlord or building owner allows the public to enter his/her property without charging them any entry fee. Here, the lack of payment by the visitor excludes the building owner from any responsibility towards the visitor.
Even if he/she is charged with minor negligence, the landlord’s liability will be limited. Consult a Negligent Security Macon GA for further details.