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Can I Sue If I'm Attacked at a Business or Apartment Complex?

the Law Firm of Walter Gabriel, LLC April 17, 2023

According to statistics from the Federal Bureau of Investigation (FBI), there were more than 2 million reported assault incidents in the United States in 2020. Of these, over 82,000 cases occurred at retail stores. Under Georgia law, property and business owners have a legal duty to keep their premises in a reasonably safe condition for invitees and customers. 

As such, a person who was attacked, assaulted, or robbed at a business or apartment complex due to inadequate security – while lawfully on the premises – may be eligible to pursue damages by filing a negligent security claim. Attorney Walter Gabriel is poised and ready to assist and represent clients in their premises liability cases. 

As a practiced Georgia personal injury attorney, Walter Gabriel can investigate every aspect of your unique situation, help establish liability, and attempt to recover fair financial compensation for your injuries and damages. The firm proudly serves clients across Atlanta, Georgia, and throughout the surrounding area, including Dunwoody and Alexandria. 

Understanding Negligent Security 

Negligent security refers to a situation whereby a property owner or business fails to take reasonable precautions to protect or safeguard their guests, visitors, or customers from potential harm. Essentially, it is presumed that the foreseeable crime (attack or harm) might have been avoided if the property owner had put suitable security measures in place. Thus, the victim may be entitled to file a negligent security claim or lawsuit against the property or business owner. 

Examples of Negligent Security 

Negligent security incidents can occur on both residential and commercial property. Such crimes may include assault, robbery, sexual assault, or other violent attacks. Below are some common examples of negligent security: 

  • Lack of security guards 

  • Failure to inform customers or guests about known hazards, risks, or dangers 

  • Faulty or lack of security cameras 

  • Broken locks or failure to install locks on doors 

  • Failure to respond to a security alert or emergency call promptly 

  • Missing or inadequate lighting in the parking lot or dark areas 

  • Failure of the university to provide adequate security measures on campus to avert campus crimes 

  • Improperly trained security personnel 

  • Malfunctioning alarms 

  • Failure to repair broken security features and physical barriers such as gates, doors, locks, fences, and windows 

If you or someone you know was hurt at a business or apartment complex due to negligent security, you need to reach out to an experienced personal injury attorney immediately. Your lawyer can research the necessary security measures that should have been in place and help prove fault in your case. 

What Must the Plaintiff Prove?  

In order to recover damages in a negligent security claim, the plaintiff must be able to prove that: 

  • The plaintiff was lawfully on the property as an invitee, visitor, guest, tenant, or customer. 

  • The defendant (business or property owner) failed to exercise reasonable care or keep the premises reasonably safe. 

  • The defendant failed to give an adequate warning so that customers and guests could avoid injury. 

  • The plaintiff’s injury occurred as a result of the breach of duty. 

  • The plaintiff suffered bodily injury, damages, or loss. 

An experienced Georgia negligent security attorney can help file your claims, seek to establish liability, and recover the financial justice you deserve. 

Defining “Adequate Security” 

Adequate security can be described as the process of putting protective measures in place to avert or mitigate a crime, attack, or dangerous condition which may result in harm to tenants, visitors, or customers on the property. 

Examples of Security Measures  

Here are some common examples of adequate security measures for business and apartment complexes: 

  • Trained security personnel or guards 

  • Security or surveillance cameras 

  • Security hardware such as doors, gates, and locks 

  • Installing adequate lighting of the parking lot, dark areas, and surroundings 

Essentially, adequate security usually depends on the industry. Nonetheless, the protective measures put in place must be commensurate with the ramifications and probability of unauthorized access, misuse, or loss. Individuals who suffer foreseeable injury, harm, or damage while on the premises may hold the negligent property or business owner accountable. 

Rely on Dependable Legal Guidance  

Negligent security incidents often require thorough investigations, and seeking damages may be quite complex. Regardless, guests and customers who are able to prove that there was a breach of duty of care may be entitled to pursue fair financial compensation for their injuries and damages suffered. The Law Firm of Walter Gabriel, LLC is dedicated to offering skilled representation and detailed guidance to clients in their negligent accident claims. 

Using his extensive knowledge, Walter Gabriel can help file your injury claims and guide you through the complexities involved in proving fault and recovering damages. Attorney Walter Gabriel will fight vigorously to protect your legal rights and help you seek fair financial compensation to cover your medical bills, lost income, pain and suffering, and other potential damages. 

Contact The Law Firm of Walter Gabriel, LLC today to schedule a simple case assessment with a trusted premises liability lawyer. Attorney Walter Gabriel can advocate for your best interests, handle negotiations with the insurer, and help you seek your rightful compensation. The firm proudly serves clients across Atlanta, Dunwoody, and Alexandria, Georgia.