In the state of Georgia, the owner or occupant of a property is responsible for ensuring the premises are safe for visitors. As a visitor to a home or business, this means that you can be reasonably sure the property will be safe. If you are injured on the property due to unaddressed safety concerns, you may be eligible for compensation to cover the costs of your injuries.
At Slam Dunk Attorney Injury Lawyers, we believe that complete transparency is the most valuable thing we can offer our clients. This allows us to build strong relationships and work effectively to meet the individual needs of each client. Contact our Duluth negligent security lawyer today if you have been injured on someone’s property because of their negligence.
Negligent Security Is Premises Liability
A negligent security case falls under the umbrella of premises liability law in Georgia. The Georgia code outlines this as the duty of the owner or occupier of land to the invitee. For a Georgia negligent security claim, the argument is that the property owner’s negligent decisions caused your injuries and may include a variety of situations such as:
- An unmarked wet floor causes a slip-and-fall accident
- A faulty handrail causes someone to fall down the stairs
- Someone is assaulted at an event with inadequate security
- Dog bites
- Loose carpets cause a fall and injury
- Inappropriately maintained elevators and escalators
In a premises liability case, one must establish that safety concerns were present and that the property owner was or should have been aware of the problem but acted negligently to resolve it. This liability may also include third-party behaviors, such as illegal behavior that is left unchecked.
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Invitees vs. Licensees
In a Georgia negligent security case, the injured party’s relationship with the landowner is relevant to how the lawsuit may be handled and whether the landowner is truly at fault. In some situations, the owner may only be responsible if they demonstrated a willful attempt to cause injury. Three types of relationships are defined and generally describe a worker, a personal relationship, or a trespasser.
Invitee
This is someone who has been invited onto the property to provide some kind of service. This may be someone delivering a package, a customer patronizing a shop, or a plumber on the premises to fix a problem. In such situations, the owner is liable for any injury resulting from unsafe conditions on the property or the approaches.
Licensee
A licensee, under Georgia law, is not a customer, service provider, or trespasser. They have no contractual obligation to be on the property, nor are they there for any business arrangement. Additionally, whether explicitly or implicitly invited, they are only on the property for their own interests.
Trespasser
If someone is on your property unlawfully, the liability is not always as black and white. Generally, a property owner is not liable for the injury of someone on the property unlawfully unless they have caused intentional harm to the person. However, the property owner may be held responsible for failing to safeguard dangers on the property that may attract children.
Winning a Negligent Security Claim
Any successful personal injury claim depends on establishing the negligence of the defendant. You can consider our attorneys your step-by-step guide to following a personal injury lawsuit. To effectively present a case within the framework of a personal injury lawsuit, you must establish four things:
- Duty of care: There must be an established legal duty of care to the plaintiff. In the case of premises liability, this is generally the duty to maintain a property free of unmarked or unexpected hazards
- Breach of duty: This says that the duty established above was not met
- Proximate cause: Establishing the connection between the breach of duty and the injuries sustained
- Cause-in-fact: This establishes that the plaintiff would not have sustained injuries if not for the negligent action of and injuries caused by the defendant
When you work with a negligent security lawyer from Slam Dunk Attorney Injury lawyers, we may collect information and investigate the circumstances of your accident to establish and support the above concepts. If you and your lawyer can present a preponderance of evidence to support negligence, you have met the burden of proof required in civil cases, according to §24-14-3. This simply means you have evidence to support that the landowner was, more likely than not, behaving negligently.
Evidence of Negligent Security
During the accident investigation, your lawyer will likely search for evidence that the property owner or responsible entity knew of the danger but failed to take steps to ensure the premises were safe. They will also likely require documentation of your injuries to support the damages you claim. Some of the evidence requested may be:
- Text or e-mail conversations alerting the plaintiff to the problem
- Medical records
- Statements from witnesses to the problem
- Pictures of the scene of the accident and hazard
- Video footage
- Photos of injuries
Cases like this can be challenging when you are trying to establish someone’s knowledge of a problem. For this reason, documentation is everything. It can be helpful to ensure that any phone conversations are followed up with an e-mail summary to the person or keep your own records of conversations if e-mail is not an option.
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Contact a Negligent Security Lawyer Today
A negligent security case can quickly become more complicated than one may expect. The nuance in a case like this only enhances the importance of an experienced negligent security lawyer who will work on your behalf with the highest possible compensation as their goal. You can contact us for an obligation-free case consultation with a member of our team to determine which of our services may benefit you.
If you are concerned about finances, we work on a lien, allowing you to attend doctor’s appointments, attorney meetings, or even transportation to medical appointments without incurring those costs upfront. At the end of your case, we can request a rate reduction, which will allow you to keep as much of your settlement as possible. The more compensation goes into your pocket, the more you have to focus on healing and finding your new normal.
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