What Type of Evidence Is Needed to Prove a Negligent Security Claim?

When a person is physically or sexually assaulted on the premises of a restaurant, nightclub or apartment, the assailant can be both criminally and civilly liable for personal injuries caused by the attack. A criminal attack that constitutes battery or sexual assault can provide the basis for a personal injury lawsuit, which might result in a broad range of damages, such as medical expenses, lost wages, pain and suffering, loss of consortium, impaired quality of life, vehicle damage and/or other forms of compensatory damages.

An individual who engages in a violent criminal attack also can be liable for punitive damages, which are intended to punish and discourage especially egregious conduct. Admittedly, the potential liability of individuals who commit criminal acts might have limited value because many times they are not financially sound indviduals. Also if they do have insurance, insurers will generally deny coverage for criminal acts committed by an insured. This means that a criminal offender might be judgment proof, so the property or business owner may constitute the only viable defendant with insurance coverage.

Lawsuits against a business for providing inadequate security must be based on specific types of evidence. In Yearwood v. Club Miami, Inc, the Georgia Court of Appeals provides an overview of the types of evidence that must be used to prove a negligent security claim under Georgia law. The court granted summary judgment for the defendant after the plaintiff failed to present any evidence regarding the sufficiency of the defendant’s voluntary security measures. Additionally, the plaintiff failed to provide any evidence regarding prior criminal acts on the premises or in the general vicinity of the club.

The Yearwood case indicated that lawsuits alleging inadequate security in parking lots, stores, gyms and the common areas of apartment complexes require the plaintiff to establish negligence by the business or property owner. Evidence establishing negligent conduct in this context involves demonstrating that prior crimes on the premises or vicinity established a need for reasonable security measures and that any security measures adopted by the defendant were inadequate. Successful negligent security claims generally necessitate an investigation to uncover prior relevant criminal activity and use of a security expert to explain why the measures taken were not sufficient.