The trauma victims of sexual assault experience cannot be underestimated. The violation is physical and emotional, affecting victims in the moment and long after. While attackers must be held responsible for their despicable actions, they may not be the only party bearing culpability for the horrific incident. Sometimes, another party’s negligence “allows” or at least provides an opportunity for an attack, and victims may be eligible to seek damages from that negligent party.
If you are the victim of a sexual assault that occurred on property owned by someone else, connect with a negligent security lawyer in Duluth, Georgia. The team at Slam Dunk Attorney is here for you, and we are not just about “the settlement.” We recognize the person behind the case–you–and our goal is to get you justice and just compensation for your losses. Connect with a Duluth sexual assault negligence lawyer from our team. Your attorney will treat you with dignity and compassion, working to help you take back control of your life and hold those who put you in danger accountable.
Understanding Negligence in Georgia
When one party fails to exercise reasonable care to minimize risks of harm to others, that party demonstrates negligence. Particular situations put a legal responsibility on parties to exercise that reasonable care. For example, all drivers have a legal responsibility to others on the roads, and must take care to practice safe driving behaviors and avoid dangerous ones–if they fail in this duty, they are negligent.
Owners of a property bear this legal responsibility as well, under Georgia Code § 51-31-1. This law states that an “owner or occupier of land” is “liable in damages” to those who are injured while on that property lawfully if the injury results from the property owner’s “failure to exercise ordinary care” in keeping the property safe. Most people think of this negligence law as applying to houseguests who fall on a broken step or store customers who slip on an unmarked wet floor.
The law does apply to those situations and others like them. However, it also applies to situations involving negligent security. Inadequate security is a type of negligence that can open up opportunities for sexual assaults, and a personal injury lawyer in Duluth will fight to hold negligent property owners accountable.
For a free legal consultation with a sexual assault lawyer serving Duluth, call 404-951-3513
Examples of Negligent Security
While property owners cannot control the behavior of criminals, they can, and must, put security measures in place to offer guests to that property as much protection from sexual assault or other criminal attacks. Property owners are negligent when they do not put reasonable safety measures in place. For example, their properties may lack:
- Proper lighting
- Security officers
- Door or window locks
- Security cameras
- Crowd-control monitors
Poorly lit, unmonitored stairwells or parking lots are prime locations, unfortunately, for sexual attacks. Sexual offenders, property owners, and anyone else with common sense knows this. It is the job of property owners to maintain proper lighting, surveillance, and patrol of these areas.
Sexual assaults can also happen in crowded, uncontrolled events, like concerts or festivals. Event organizers, property owners, or other responsible parties must ensure there is security on hand to maintain crowd control. Wherever your assault occurred, a Duluth sexual assault negligence attorney will investigate the situation and expose and demand accountability for lapses in security that facilitated the attack.
Landlords Must Protect Tenants
Landlords have an obligation to keep their tenants’ dwellings safe. In Section 3, “Problems During a Lease,” the Georgia Landlord-Tenant Handbook states, “Landlords must exercise ordinary care to keep the unit and access safe for tenants.” Doors and windows must have working locks, and if the dwelling is part of a multi-unit complex, common areas, such as lobbies, stairwells, and parking lots, must be equipped with appropriate security.
Duluth Sexual Assault Lawyer Near Me 404-951-3513
Important Recent Negligent Security Cases in Georgia
The Georgia Supreme Court recently ruled in favor of victims in two recent negligent-security-based premises-liability cases: Georgia CVS Pharmacy v. Carmichael and Welch v. Pappas Restaurant. Though both victims in these cases were shot, not sexually assaulted, in the businesses’ parking lots, the same principle determined both rulings.
The Court determined that both attacks were “reasonably foreseeable” and that the businesses had a responsibility to implement safety measures to protect guests on their respective properties.
Click to contact our Duluth Negligent Security Lawyers today
Proving Negligence and Collecting Damages
Connect with the team at Slam Dunk Attorney as soon as possible after your attack. Your lawyer will immediately begin the process of proving negligence. The first element of negligence is showing the property owner owed you a duty of care, or legal responsibility, to keep the property safe, as established in the previously referenced Georgia Code 51-31-1.
Next, your sexual assault negligence attorney in Duluth will gather evidence to show the property owner failed to uphold their duty. Your lawyer will examine the property’s security, or lack of it, look into area crime rates, and gather information from any other relevant sources. Then, your attorney will show how the inadequate security paved the way for your attack and that the attack cost you measurable damages.
Your attorney will value your losses, factoring in the financial and non-tangible losses incurred by the attack. These include medical costs, wages lost during time away from work while recovering, future care needs, and the emotional and psychological pain and suffering you have endured and may continue to face. Count on Slam Dunk Attorney to negotiate fiercely with the at-fault party’s representatives to negotiate aggressively to maximize your settlement or, if necessary, fight for you in court.
Complete a Free Case Evaluation form now
We Are Here to Help You Move Forward
The team at Slam Dunk Attorney is ready to get to work for you. Call or fill out our electronic form to schedule a no-cost, no-obligation case review with a skilled Duluth sexual assault negligence lawyer.
We are committed to fighting for justice and holding negligent parties accountable for the pain their carelessness has brought you. Our compassionate, aggressive team is here to help you get the last word in this traumatic situation, regain your sense of empowerment, and move into a more hopeful future.
Call or text 404-951-3513 or complete a Free Case Evaluation form
