Proving a Negligent Security Claim

On Behalf of | Nov 14, 2019 | Firm News |

If you were the victim of a violent crime while on someone’s property, you can potentially hold both the criminal and the property owner liable for the attack. When you pursue charges against the criminal, you’re ensuring they can’t hurt anyone else.

However, criminal charges almost never provide the compensation you need to obtain medical treatment, seek therapy, and return to your normal life. That’s why proving a negligent security claim and obtaining rightful compensation from a negligent property owner can be critical to your recovery.

The Four Requirements

It’s important to remember that negligent security claims require that the plaintiff be a victim of a violent crime, such as robbery, assault, rape, attempted murder, or even wrongful death. If your case involves a violent crime on someone else’s property, you can file a negligent security suit if you meet the following criteria.

  1. You were invited to the property or are a customer, patron, patient, or ticketholder.

  2. The property owner failed to prevent the inciting event. This could be due to ineffective or neglected security equipment or improper actions from security personnel.

  3. The crime would not have happened or would be a lesser crime with proper security in place.

  4. You suffered harm, loss, or injury during the crime.

Proving Negligence

Some courts have ruled that the violent act does not need to take place on the property if it began or was meditated on the premises. Take, for example, the case of Rice v. Six Flags Over Georgia.

The plaintiff was harassed by a group of off-duty employees while in the park. They were reprimanded by security, but not removed from the premises. This was negligent security as that security guard’s failure to remove the harassers resulted in them following the plaintiff and physically assaulting him off property.

If you were the victim of a violent crime while on someone’s property, an attorney can collect the evidence and fight for your just compensation. If you’d like an experienced Atlanta premises liability attorney from Pratt Clay to evaluate your negligent security claim, please send us an email or call 404-566-9460 .