Blog

In today’s world, safety is a concern for individuals visiting public and private properties. Property owners and managers have a legal obligation to ensure that their premises are reasonably safe for visitors. When they fail to implement adequate security measures and someone is harmed as a result, they may be held liable under the legal concept known as “negligent security.”

This article delves into what constitutes negligent security, the legal framework in Georgia, common examples, where it often occurs, and how victims can seek compensation with the assistance of experienced attorneys like those at Seay Felton Trial Lawyers.

Understanding Negligent Security

Negligent security is a subset of premises liability law that holds property owners or occupiers accountable when they fail to provide reasonable security measures, leading to foreseeable criminal acts that cause harm to visitors. The core idea is that property owners should anticipate potential criminal activities and take appropriate steps to prevent them.

Legal Duty of Care

Under Georgia law, specifically O.C.G.A. § 51-3-1, property owners owe a duty of care to invitees, individuals who have a legal right to be on the property, such as customers or tenants. This duty requires owners to exercise ordinary care in keeping the premises and approaches safe.

If a property owner fails to meet this duty, and a visitor is injured due to a criminal act that could have been prevented with adequate security, the owner may be held liable for negligent security.

Common Examples of Negligent Security

Negligent security can manifest in various ways, depending on the type of property and the circumstances. Common examples include:

• Inadequate Lighting: Poorly lit areas, such as parking lots, stairwells, or apartment corridors, can provide cover for criminal activities. Criminals are less likely to commit acts of violence or theft in well-lit environments.
• Lack of Security Personnel: High-risk venues such as nightclubs, festivals, or shopping centers may require trained security staff to deter potential threats. Failing to have visible personnel during peak hours is a common oversight.
• Faulty or Absent Surveillance Systems: Security cameras act as both a deterrent and an investigative tool. Properties without working surveillance systems are more vulnerable to crime and may face liability when incidents occur.
• Broken Locks or Fences: Compromised entry points, such as apartment gates that do not latch or broken perimeter fencing, allow easy access for trespassers or violent criminals.
• Failure to Respond to Prior Incidents: If the property owner was aware of prior assaults, thefts, or shootings but failed to take meaningful action, they may be held responsible for any subsequent harm caused by similar acts.

Where Does Negligent Security Commonly Occur?

Negligent security can happen anywhere, but certain types of properties are more vulnerable based on their use, location, and accessibility. Below are common examples where these cases often arise:

• Apartment Complexes and Condos: Landlords and property managers are expected to provide locked gates, working intercoms, adequate lighting, and secure access to buildings. Tenants and guests are entitled to a safe residential environment. When landlords cut corners on security or ignore tenant complaints, they may be held accountable.
• Hotels and Motels: Guests at hotels have an expectation of safety. If a hotel fails to prevent unauthorized entry, lacks parking lot surveillance, or does not properly screen staff, it can be held liable if a guest is assaulted or robbed.
• Retail Stores and Shopping Centers: Mall and store owners must ensure customer safety through measures like parking lot patrols, visible security staff, and working cameras. Failure to address crime-prone areas (e.g., entrances near alleys) can result in liability for injuries or crimes that occur.
• Nightclubs, Bars, and Entertainment Venues: Establishments that serve alcohol are particularly prone to violence, altercations, and sexual assault. These venues must take special care with trained bouncers, ID checks, crowd control, and camera coverage. A lack of oversight or improper handling of prior violent patrons can lead to lawsuits.
• Parking Lots and Garages: Poorly lit or isolated parking structures often lack patrols or active monitoring, making them hotspots for muggings or assaults. If the owner knew about crime in or near the lot and failed to act, they may be liable.
• Hospitals and Medical Facilities: Security is also essential in medical environments where patients and families may be vulnerable. Inadequate monitoring or access control at hospitals can lead to dangerous situations involving unauthorized entry or violence.

Legal Framework in Georgia

Georgia’s approach to negligent security has evolved, particularly with the enactment of Senate Bill 68 (SB 68) in 2025. This legislation introduced specific criteria that plaintiffs must meet to establish a property owner’s liability for negligent security.

Foreseeability

A key element in negligent security cases is the concept of foreseeability. Plaintiffs must demonstrate that the property owner knew or should have known about the risk of criminal activity. Under SB 68, foreseeability can be established by showing:

• Prior occurrences of substantially similar crimes on or near the premises
• Specific knowledge of potential threats, such as warnings about imminent criminal conduct

Foreseeability is crucial in determining whether a property owner had the opportunity and obligation to prevent harm but failed to do so.

Reasonable Security Measures

SB 68 also outlines certain security measures that, if implemented, can provide property owners with a rebuttable presumption of having acted reasonably. These include:

• Installing and maintaining security cameras
• Ensuring adequate lighting in common areas
• Employing trained security personnel
• Maintaining secure locks and access controls

However, if these measures are merely symbolic or not properly enforced, they may not offer a valid defense against liability.

Steps for Victims to Seek Compensation

If you or a loved one has been harmed due to negligent security, taking the following steps can help build a strong case:

1. Seek Medical Attention: Prioritize your health and obtain documentation of your injuries.
2. Report the Incident: File a police report to create an official record of the event.
3. Document the Scene: Take photographs of the area, noting any security deficiencies like broken lights or locks.
4. Gather Witness Information: Collect contact details of anyone who witnessed the incident.
5. Consult an Attorney: Engage a knowledgeable negligent security attorney to assess your case and guide you through the legal process.

Time is critical in negligent security claims. Evidence such as surveillance footage or maintenance records may be lost if not preserved early in the investigation.

How Seay Felton Trial Lawyers Can Assist?

At Seay Felton Trial Lawyers, we specialize in representing victims of negligent security in Georgia. Our experienced attorneys understand the complexities of premises liability law and are committed to holding property owners accountable for failing to provide a safe environment.

We offer comprehensive legal services, including:

• Case Evaluation: We review the facts of your case, determine the property owner’s responsibilities, and outline your legal options.
• Evidence Collection: We gather security footage, police records, witness statements, and prior incident history to build a strong case.
• Negotiation and Litigation: We represent you in settlement talks and are fully prepared to go to trial if that’s what it takes to secure the justice you deserve.

Our goal is to ensure that you receive the justice and compensation you deserve for your injuries and losses. We don’t just fight for your rights, we fight to prevent future victims by holding negligent property owners accountable.

Your Safety Matters: Know Your Rights and Protect Them

Negligent security is a serious issue that can lead to devastating consequences for victims. Whether you’ve been assaulted in a parking garage, injured at a nightclub, or harmed due to unsafe apartment conditions, the law provides a path to justice.

Understanding your rights and the legal avenues available is crucial in seeking fair compensation. If you believe you have been a victim of negligent security, don’t hesitate to contact Seay Felton Trial Lawyers for a free consultation. Our dedicated team is here to support you every step of the way, helping you secure the accountability and compensation you need to move forward.