blog home Premises Liability Stray Bullet Hits Atlanta Toddler: Is It Negligent Security?

Stray Bullet Hits Atlanta Toddler: Is It Negligent Security?

By Grant Law Office on April 15, 2024

Negligent security in Georgia refers to a property owner’s failure to provide reasonable security measures, resulting in harm to individuals on the premises. This concept is rooted in premises liability law, which holds property owners responsible for injuries caused by inadequate security.

When owners and property managers fail to provide adequate security, they may be held liable for crime-related injuries that result. The tragic case of a toddler who was shot outside an Atlanta apartment building highlights the importance of negligent security laws. These laws motivate property owners to take strong measures to protect residents and provide victims with the legal means to seek compensation for lax security.

A Tragic Incident at an Atlanta Apartment Building

Recently, a three-year-old toddler was struck by a stray bullet while outside an apartment building in Southwest Atlanta. The toddler was taken to a hospital by ambulance. According to a series of investigative reports by the Atlanta Journal-Constitution, the building where the child was shot is among the metro area’s most dangerous complexes.

The city of Atlanta placed the complex on a list of properties to be targeted for crackdowns due to high levels of criminal activity. Police recorded 248 crimes at the apartment building between 2017 and 2023. This includes three homicides, six robberies, 44 aggravated assaults, four rapes, and a child molestation case.

What Is the Legal Definition of Negligent Security?

Negligent security is a legal concept that applies when a person or entity fails to provide reasonable security measures, leading to harm. In Georgia, property owners and businesses are required to ensure their premises are reasonably safe for visitors. This includes protection from foreseeable criminal acts. If a property owner does not take adequate steps to prevent such incidents, and someone is injured as a result, the owner can be held liable under these laws.

To establish a negligent security claim in Georgia, the injured party must demonstrate that the property owner knew or should have known about the potential for criminal activity and did not act to prevent it. This often involves showing a history of similar incidents or that the crime was foreseeable.

How to Determine if Negligent Security is Responsible for Your Injuries

Determining whether negligent security is responsible for a crime-related injury involves a careful review of the circumstances and the security measures in place. The key question is whether the property owner acted reasonably to prevent foreseeable crimes. This assessment typically includes analyzing prior incidents of a similar nature on the property or in the vicinity that would alert a prudent owner to potential risks.

Security measures are also scrutinized – including adequate lighting, locks, security cameras, and trained security personnel. If these were insufficient or poorly maintained, it could indicate negligence. Testimony from security experts can provide insights into what measures should have been implemented given the crime risks.

Documentation such as police reports, medical records, and witness statements are crucial in piecing together the sequence of events and establishing the link between the lack of security and the injury sustained.

Proving Wrongful Death Due to Negligent Security

Negligent security may be the basis for a Georgia wrongful death claim. To prove a wrongful death due to negligent security in Georgia, the plaintiff must demonstrate several key elements. First, it must be established that the property owner had a duty to provide a safe environment. Then, the plaintiff must show that the property owner breached this duty by failing to implement reasonable security measures.

The burden of proof in these cases rests on the plaintiff. Compiling compelling evidence is essential to building a strong case and achieving a successful outcome.

Atlanta Premises Liability Attorneys Help Those Injured by Negligent Security

For over 30 years, the lawyers at Grant Law Office have been helping people in Georgia who were harmed by the careless actions of others. Our Atlanta premises liability attorneys will investigate the event and file a claim or lawsuit against anyone whose negligent action contributed to your injuries.

Best Lawyers selected attorney Wayne Grant as one of The Best Lawyers in America 2024 for Personal Injury Litigation. Super Lawyers also listed Wayne among the top 5 percent of attorneys in Georgia based on peer reviews and independent research.

Reach out to us at (404) 995-3955 to schedule a free consultation about your Atlanta apartment negligent security claim today.