Skilled Negligent Security Lawyers Dedicated to Upholding Victims' Rights in Atlanta and in Georgia
In this day and age, anyone with the Internet or a television understands how critical that full and appropriately staffed security teams can be to protecting our safety when we step outside of our homes. Failure to provide adequate security can result in serious and lasting injuries, but if you have been injured on another person's property, you may not know where to turn for help—especially if you were the victim of a criminal who managed to escape detection. You may be hesitant to pursue a civil case because, after all, it wasn't the property owner who caused the criminal to act—right?
That's only partially correct. Businesses and other property owners are legally required to take steps to make sure that adequate security measures are put into place so that others are protected from violent or criminal acts while on the property. If you were injured because the owner failed to satisfy this legal duty, the property owner can be held financially responsible for that failure. The experienced negligent security lawyers at The Law Office of Nigel Phiri, are here to evaluate your case and provide advice as to how we can fight to recover financial compensation for your injuries. If you have questions, call our Atlanta offices today to schedule a free consultation.
Adequate vs. Negligent Security Can Vary Widely
Negligent security can lead to serious injuries, and can be shown by proving that the property owner failed to:
- Maintain working lighting in parking lots, parking garages, and pathways
- Install and maintain security cameras
- Provide physical security in the form of security guards
- Install precautions such as metal detectors
- Fix security gates, locks, windows or alarm systems
- Adequately train any security guards on the property
- Enhance security after previous criminal incidents
- Warn of potential and known dangers on the property
A negligent security claim is a subset of premises liability law, which generally requires that property owners keep their property reasonably safe for others who enter the property. What constitutes adequate security can vary based upon the setting and circumstances, including the:
- Locality or area.
If property is located in a high crime area, additional precautions will be required in order to provide adequate security, and negligence can be established by showing that the property owner failed to take the location into account in developing security measures.
- Type of establishment.
Adequate security in a rowdy bar may be different than security that would be required in an upscale dining establishment.
- Time of day or year.
When a business or the general population increases based on the time of day or year, business owners may be required to provide additional security in order to continue to make sure adequate protection is provided.
Frequently Asked Questions About Negligent Security
- FAQ: Will I have to pay taxes on my settlement award?
Your settlement award may or may not be taxable, depending upon why the compensation was awarded. The Internal Revenue Code specifically excludes compensation made on account of physical injuries from taxable income, so if your compensation award was designated as compensation for physical injury (for example, to pay medical expenses, rehabilitation costs, counseling, etc.), you will not be required to pay taxes on the amount awarded. If a portion of the award was carved out as lost wages or punitive damages, however, you may be required to pay taxes on that portion of the award. An experienced lawyer can help you understand what portion of your specific compensation award may be taxable.
- FAQ: What if I was the victim of a criminal assault, and that assailant was already arrested and will be punished. What can a negligent security lawyer do for me?
A negligent security case is different than a criminal action against the criminal who actually caused your injuries at the physical level. In a negligent security action, our lawyers will bring a civil lawsuit for monetary damages against the property owner for failing to provide adequate security that could have prevented the criminal incident from occurring in the first place. We will fight to show that the property owner knew, or reasonably should have known, that the property was located in an area where criminal activity could have been predicted, and failed to take the actions necessary to prevent the incident if possible. Property owners cannot prevent all types of criminal activity from occurring, but when they could have taken simple actions to prevent the incident from occurring, they can be held financially liable.