Cobb County Negligent Security Lawyer
If you or a loved one was injured due to a criminal or violent act on someone else’s property, you may want to consider whether negligent or inadequate security contributed to the incident. Negligent security is a type of claim that typically allows a person to collect compensation for crimes and violent acts when a property owner is negligent in his or her duty to protect others from criminal acts. Any time there is a serious injury from a criminal or negligent act, an experienced Cobb County negligent security lawyer could provide guidance.
A skilled premises liability lawyer could help you understand your rights and the potential legal options available to you, including whether to consider bringing a lawsuit or a different legal claim. Schedule a consultation to begin discussing your options.
Laws Governing Negligent Security
A successful negligent security case typically requires evidence that a property owner or other legal occupier of the property failed to act reasonably in efforts to protect visitors or customers. Because of this, many negligent security cases may hinge on foreseeability.
Crucial evidence of foreseeability could include whether there were prior similar crimes in the same place that the owner knew or should have known about. A court considering a case could look to this type of evidence as well as how frequently violent crimes had occurred on the property, whether law enforcement had been called repeatedly in the past, and the length of time since prior events.
Property Owner Duties to Visitors
The duty of care that a property owner typically has towards his or her visitors may depend on the relationship between the visitor and the owner. Georgia law commonly divides visitors into three categories of invitees, licensees, and trespassers.
The highest level of care typically is for invitees, which includes anyone who legally enters the property for a reason that benefits the property owner. Examples of this may include store customers, hospital patients, rental tenants, and hotel guests. The law often imposes a duty of “ordinary care” for invitees.
Landowners generally owe less protection to licensees and trespassers. Licensees are people who enter their property with permission but are there for their own reasons and not for the owner’s benefit. An example of this would be guests at a party or someone who stops at a store to ask for directions. A landowner is liable to a licensee only for “willful or wanton” injuries. A trespasser is generally anyone who enters property without permission and a far lower duty of care applies to them.
Negligent Security Cases
Georgia law generally allows for three types of monetary damages in negligent security cases such as special damages, general damages, and punitive damages. Special damages are compensation for anything with a monetary value such as medical bills or lost pay. General damages include compensation for losses that are not so easily calculated. Pain and suffering and loss of enjoyment of life are examples of this. Finally, punitive damages are available in the limited cases where there was willful or malicious misconduct or other particularly bad behavior.
Because inadequate security cases, unfortunately, can involve serious injuries from criminal misconduct, losses due to injury may be significant. If an assault took place a person could incur broken bones, spinal cord injuries, or even brain damage. Further, some cases may justify punitive damages, such as where a property owner willfully failed to provide adequate security despite many prior violent incidents. All cases differ but a well-versed Cobb County negligent security lawyer is a good resource for understanding the types and amounts of damages that may be appropriate in a given situation.
Seeking Help from a Cobb County Negligent Security Attorney
In any negligent security case, it can be important to get the guidance of a trained professional with an understanding of the issues that will determine liability and damages for the injured party. A Cobb County negligent security lawyer can investigate your incident, prior incidents at the property in question, and whether adequate security existed for the property.
Armed with this information, your lawyer can help you make informed decisions about actions to take in order to seek full and fair compensation under the law. Call today about your negligent security case to learn more about your options.
