Negligent Security Lawsuits After Assaults on Commercial Property

A violent assault on a store, hotel, apartment complex, or parking-lot property can lead to more than a criminal case. In Georgia, it can also raise a negligent security claim against the business or property owner. That kind of lawsuit focuses on whether the owner failed to use ordinary care to keep the premises and approaches safe for invited guests. 

Georgia Negligent Security Basics

According to Georgia premises-liability law, an owner or occupier who invites people onto the property for a lawful purpose can be liable for injuries caused by failing to exercise ordinary care in keeping the premises and approaches safe. In a negligent security case, the injured person usually argues that the property lacked reasonable protections against a foreseeable criminal attack. That may involve poor lighting, broken gates or locks, missing cameras, weak security patrols, or failure to respond to known safety problems.

Foreseeability and Property Owner Duty

Not every assault creates liability for the business. Georgia courts still look closely at foreseeability. In 2023, the Supreme Court of Georgia clarified that negligent-security foreseeability is tied to the owner’s duty under O.C.G.A. § 51-3-1 and should be evaluated under the totality of the circumstances. That means courts may consider more than one narrow factor. Prior crimes, the nature of the property, known risks, prior complaints, security practices, and what the owner knew or should have known can all matter.

This point matters because property owners often argue that the attacker alone caused the harm. Sometimes that defense works. Sometimes it does not. If the owner had reason to anticipate danger and still failed to take reasonable precautions, a civil claim may move forward despite the criminal act of a third party.

Evidence That Can Strengthen a Claim

Negligent security claims usually rise or fall on the paper trail and physical evidence. Police reports, prior incident logs, camera footage, maintenance records, complaint histories, security policies, and witness accounts can all help show what the property owner knew and failed to fix. Scene photos can also be useful, especially if they capture lighting problems, damaged locks, blocked sightlines, or other unsafe conditions. 

Frequently Asked Questions

What is a negligent security claim in Georgia?
A negligent security claim in Georgia is a premises liability case alleging that a property owner or occupier failed to use ordinary care to keep the premises and approaches safe, allowing a foreseeable criminal attack to cause injury.

Can a business be liable for an assault committed by someone else?
Yes. A business or property owner may be liable if the assault was foreseeable and the owner failed to take reasonable precautions such as adequate lighting, working locks, cameras, patrols, or responses to known safety issues.

What does foreseeability mean in a negligent security case?
Foreseeability means the owner knew or should have known about the risk of a criminal attack. Courts may consider prior crimes, the nature of the property, prior complaints, known risks, security practices, and other surrounding circumstances.

What evidence can help prove a negligent security lawsuit?
Helpful evidence may include police reports, incident logs, surveillance footage, maintenance records, complaint histories, security policies, witness statements, and photos showing unsafe conditions such as poor lighting, damaged locks, or blocked sightlines.

What types of properties can be involved in negligent security claims?
These claims can arise from assaults at stores, hotels, apartment complexes, parking lots, and other commercial or residential properties where invited guests or lawful visitors may be exposed to unsafe conditions.

Why is it important to act quickly after an assault on commercial property?
It is important to act quickly because evidence such as surveillance video, maintenance records, incident reports, and witness recollections can disappear or become harder to obtain over time.

Talk With Morris & Dean

At Morris & Dean, we handle Georgia personal injury matters, including premises-related injury claims, and we understand how quickly critical evidence can disappear after a serious assault. Call 706-222-3790 or reach out through the firm’s intake form to speak with us.