On the surface, premises liability and negligent security seem like the same thing. Both allow victims to sue property owners for crimes that took place on their premises. However, looking into the language of the law and the distinctions shows that premises liability and negligent security are two very different things.
What is Premises Liability?
Premises liability refers to a preventable personal injury that occurred on someone else’s property. This can mean almost any accident that occurs on someone else’s property, although these cases can be difficult to prove.
In a premises liability case, injuries must be the result of negligence. To hold liability, the property owner or their staff must be aware the premises were potentially unsafe at the time of the accident.
For example, if someone slips because a customer spilled ice in an unmonitored hallway, the property owner may have been unaware of the problem, especially if it was unreported. However, if the property managers fail to fix a leaking ice machine, that might be a case of premises liability.
What is Negligent Security?
Negligent security is a type of premises liability, specifically addressing preventable violent crimes. This can be any violent crime, so long as it occurred on or began at someone else’s property.
Filing a negligent security claim is an accusation. Victims claim that if the property owner provided proper security measures (locks, alarms, monitored cameras, guards, etc.), then the violent crime would not have occurred, or it would be a lesser crime.
While a negligent security claim does not punish those responsible for the crime, the compensation can help victims pay medical bills and seek trauma recovery.
If you or someone you love were the victims of a violent crime while on someone else’s property, you might have a case. If you’d like to schedule a free case evaluation with an experienced Atlanta negligent security lawyer from Pratt Clay, please call 404-566-9460 or send us an email.