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What Makes a Property Owner Liable for a Shooting in Atlanta?

By Grant Law Office on August 4, 2025

Gun violence in Atlanta has made headlines in recent years—from apartment complex shootings to parking lot assaults outside nightclubs and gas stations.

While criminal charges are often brought against the shooters, many families are left wondering whether the property owner can also be held responsible for the attack. Under Georgia law, the answer depends on one key legal principle: foreseeability.

In this blog, we explain the concept of property owner liability for a shooting in Georgia, the legal doctrine of foreseeability, and what victims need to prove in a negligent security premises case. We’ll also review relevant case law, outline actionable steps for building a strong claim, and explain how Grant Law Office helps victims of preventable gun violence pursue justice.

Understanding Property Owner Liability After a Shooting

Premises liability law holds that property owners have a legal duty to keep their premises reasonably safe for guests, customers, and tenants. That duty includes protecting people from foreseeable criminal acts, especially when violent crime is a known risk in the area.

A shooting victim may file a civil lawsuit against the property owner if the evidence shows that:

• The shooting occurred on or near the property.
• The owner failed to provide reasonable security measures.
• The violent incident was foreseeable based on prior similar crimes.
• The property owner’s inaction contributed to the attack.

This is known as a negligent security claim, which is a subset of premises liability law. In Georgia, these cases are not about blaming the property owner for the crime itself but rather for failing to take reasonable precautions to protect patrons or residents.

What Is Foreseeability in Assault Claims?

Foreseeability is the cornerstone of any Atlanta gun violence lawsuit against a property owner. Under Georgia law, property owners are not automatically liable for every criminal act that happens on their property. Instead, they are only responsible for criminal acts that were foreseeable.

Foreseeability is typically established by showing the following:

• Prior similar crimes on or near the premises.
• A pattern of assaults, robberies, or shootings.
• Known gang activity or repeated police calls.
• History of violence in parking lots or common areas.

This is a fact-specific analysis. For example, if a property has experienced two armed robberies in the past six months, another similar act may be considered foreseeable. But a one-off incident at a previously safe location may not meet the legal threshold.

Georgia Case Law on Negligent Security

Several Georgia court decisions have helped shape the modern legal standards for duty to protect patrons from foreseeable crime.

Sturbridge Partners, Ltd. v. Walker (1996)

In this case, the Georgia Supreme Court held that an apartment complex could be liable for sexual assault because it was similar in nature to previous crimes on the property. The jury established that exact similarity isn’t necessary—only substantial similarity to prior acts is required to prove foreseeability.

Martin v. Six Flags Over Georgia (2012)

This case involved a brutal assault of a teenager outside the Six Flags amusement park. The Georgia Supreme Court ruled that a business could be liable even if the crime occurred just outside its formal boundaries, as long as it had control over the adjacent area and the attack was foreseeable.

Common Locations for Negligent Security Lawsuits

Shootings that lead to property owner liability in Georgia often occur at:

• Apartment complexes with broken gates or lack of lighting
• Nightclubs or bars without trained security personnel
• Convenience stores or gas stations with no security cameras
• Hotels that fail to control loitering or allow unmonitored access
• Shopping centers with frequent violent crime history

Each of these properties has a duty to implement reasonable security measures based on the crime risk in the area. That duty can include hiring security guards, installing lights or surveillance cameras, restricting access, and promptly responding to reports of criminal activity.

What Makes a Property Owner Negligent?

In a negligent security claim, the jury will consider what the property owner did or didn’t do to keep people safe. Negligence might include:

• Ignoring prior violent incidents without adjusting security.
• Failing to maintain lighting, locks, or security gates.
• Hiring unqualified or untrained security guards.
• Delaying response to reports of threats or loitering.
• Not warning guests or tenants about known dangers.

If reasonable security could have prevented or reduced the likelihood of the shooting, the property owner may be liable.

Proving an Atlanta Negligent Security Claim After a Shooting

To succeed in an Atlanta gun violence lawsuit, a plaintiff must prove:

1. Duty – The property owner had a legal obligation to protect people on the premises.
2. Breach of Duty – The owner failed to implement reasonable security based on the area’s crime history.
3. Causation – That failure contributed to the shooting.
4. Damages – The plaintiff suffered harm (physical, emotional, financial).

This process requires thorough investigation.

At Grant Law Office, we don’t just file a claim—we build a compelling case backed by evidence, expert insight, and legal precedent. We gather:

• Police reports and crime statistics for the area
• 911 call logs and prior incident reports
• Maintenance records for security systems
• Surveillance footage and eyewitness accounts
• Expert analysis of industry-standard security protocols

What Damages Can Be Recovered?

Victims of shootings that result from negligent security may be entitled to:

• Medical expenses (surgery, rehabilitation, ongoing treatment)
• Lost wages and future earning capacity
• Pain and suffering
• Mental anguish and PTSD
• Wrongful death damages (for surviving family members)
• Punitive damages in egregious cases

Reasons to Choose Grant Law Office?

At Grant Law Office, we know what it takes to hold property owners accountable in the wake of gun violence. With over 60 years of combined legal experience, we bring strategic insight, compassion, and tenacity to every case.

We are not a high-volume firm. That means our clients receive hands-on attention, and their cases are treated with urgency and care. Whether your case involves an apartment shooting, a gas station robbery, or a nightclub assault, we work tirelessly to uncover the truth and fight for justice.

We understand the emotional toll of these cases. Our clients are often grieving, recovering, or fearful of retaliation. That’s why we provide the assurance that someone is advocating for you every step of the way.

Speak With Our Experienced Negligent Security Lawyers in Atlanta

If you or a loved one was shot on someone else’s property, you may have grounds for a negligent security lawsuit. Grant Law Office can investigate your claim and help you determine whether the property owner failed in their duty to protect patrons.

Call our Atlanta negligent security attorneys at (404) 995-3955 to schedule your free consultation today. We’re ready to help you take the next step toward recovery and justice.