A security guard is in his office, glancing at the camera feed every few minutes. It’s a quiet night, as usual. Then he sees something.
A cold shock echos through his body as he spots two people stumble onto a camera’s feed, one stabbing the other. The security guard grabs his equipment and sprints to the scene as fast as he possibly can, yelling at the top of his lungs.
The attacker hears the guard approaching and flees. The guard administers first aid to the victim and calls for emergency services. The victim survives but accuses the property owner of negligent security during recovery. After all, he claims, there would be no crime if the guard was doing his job.
That raises a fascinating legal question: What if security stops a crime in progress?
The property owner consults a premises liability attorney about the case. It seems to be a clear case of adequate security. The guard was monitoring the security equipment at the time of the attack and responded promptly.
In Georgia, negligent security describes a situation when proper security measures would prevent a crime or result in a lesser crime. The attacker could have stabbed the victim to death, if not for the security guard’s intervention.
The case goes to court. The property owner’s attorney argues that the security guard cannot be everywhere at once. He needed time to identify and react to the threat. Stopping a crime in progress is an incredible feat that should not be ignored.
Reasonable and Adequate
The victim’s lawyer says there would be no crime had there been better security. However, cross-examination reveals that the property was in a safe neighborhood. This crime was wholly unexpected. Because violence and trespassing were rare in that area, having one security guard and a few cameras could be considered adequate for that community.
Finally, the victim’s lawyer claims that the security guard’s negligence allowed both the victim and their attacker to trespass onto the property in the first place. Just like that, a seemingly clear case becomes a drawn-out legal battle. Now the jury must weigh all the evidence before making the ultimate decision.
Negligent security claims get complicated very quickly. That’s why it’s important to hire an attorney with a history of handling such cases. If you or someone you love suffered from a violent crime while on someone else’s property, you might have a case.