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All information provided about the law is very general in nature and should not be relied upon as legal advice. Every situation is different and should be analyzed by a lawyer who can provide individualized advice based on the facts involved in your unique situation, and a consideration of all of the nuances of the statutes and case law that apply at the time.

What is negligent security?

The landowner’s defense in a case involving negligence when failing to provide adequate security typically centers on whether the criminal act perpetrated by a third party was foreseeable.

Property owners have the ability to deter or help prevent violent crimes in restaurants, stores, amusement parks, condominiums, apartment complexes, hotels, parking lots/garages, stairwells and other property that is open to the public for business purposes. In cases of residential areas, property owners and managers owe a duty to their tenants to keep the property safe as well. The duty of a landowner or property owner to provide adequate security stems from Georgia’s premises liability laws. In Georgia, property owners are required to keep their “premises and approaches safe” pursuant to OCGA § 51-3-1, which encompasses the possibility of an owner/occupier to be liable to victims harmed by foreseeable violent criminal activity at the hands of third parties.

The landowner’s defense in a case involving negligence when failing to provide adequate security typically centers on whether the criminal act perpetrated by a third party was foreseeable. Examples of ways in which property owners and managers can be held liable for negligent security are the following:

  • Poorly trained or inadequate security personnel
  • Broken or unlocked gates, windows, doors and fences, allowing access to the public
  • Broken, nonfunctioning, and/or poorly maintained security cameras
  • Inadequate emergency exits or law enforcement callboxes
  • Inadequate lighting
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