Some of our most recent articles focused on negligent security cases, what is needed to prove them, and what is considered adequate security.
The physical features and specific elements that count as adequate security will differ in varying degrees. However, all security on a property is deemed adequate or inadequate when the following are taken into consideration:
- the type of premises involved and how that property was being used at the time to prevent crime
- the type and amount of criminal activity known to normally occur on or around the premises
- the history or pattern of similar crimes at the premises
- the level of security advertised or promised by the property owner or business proprietor
- the need for security under the circumstances and the number of resources committed to meeting such security requirements
If you noticed, many of these requirements for adequate security involve looking at a history of crime on the premises as well as local communities that surround it. So, while each negligent security case may differ in details or facts, one detail remains the same across the board: local crime stats are key to proving that a property owner provided inadequate security.
Crime Stats and Your Negligent Security Case
Under premises liability laws, property owners take on the responsibility of making their property adequately safe once they are the legal owners. There is really no way around this. Part of the legal responsibility they take on is ensuring that adequate security measures are taken to help prevent visitors or residents from becoming victims of crimes.
Crimes like rape, assaults, and even murders occur more frequently in areas that lack the security features to either prevent such crimes or to apprehend the person committing them. Crime stats are available to the public and must be looked at and taken into consideration when it comes to the security features of a property.
Not only do these stats show foreseeability and give notice to the owner as to what to expect, but it will later show that a property owner neglected to take the measures necessary to ensure the safety of residents and visitors.
How Is Negligent Security Proven?
Any personal injury case can be a process. This process allows your personal injury attorney to gather evidence, break down the facts, and prove that certain actions (or inactions) directly resulted in harm and injury to an individual (or individuals).
Proving a negligent security case can be an even heftier process. Not only will your personal injury attorney need to gather the facts regarding the incident and break them down to show causation of injury, but they will also need to show the history of crime that had occurred either on the premises or in surrounding areas.
It is the first legal obligation of a property owner to be aware of these stats and how the crimes could potentially impact the people on their own property presently or in the future. The following legal obligation they have is to take measures to ensure the safety of visitors and residents.
When proving a case of negligent security, your attorney will obtain all police reports for the subject property. In addition, they will collect police reports for crimes that occurred within a certain radius of the property. They will then gather a history of security measures that were enacted at the property and whether these measures changed at all over time.
If the prevalence of a certain crime increases from one year to the next, the property owner should take actions with those increased stats in mind. Your attorney will also determine whether or not the property owner evaluated the effectiveness of any safety measures that were implemented.
Making Atlanta Safe
The attorneys at Pratt Clay are committed to helping make Atlanta safe through educating property owners of their legal responsibilities to visitors and residents while also providing legal representation to injury victims who were injured due to a lack of adequate security and safety measures.
Don’t wait to take action. If you were a victim of a crime due to negligent security, contact Pratt Clay at 404-566-9460 for a free consultation to discuss your case.