Negligent Security Lawsuits in Georgia: When Property Owners Are Liable for Crime
Violent crimes such as assaults, robberies, and shootings can happen anywhere — apartment complexes, hotels, shopping centers, parking garages, and entertainment venues across Georgia. While criminals are responsible for their actions, Georgia law also recognizes that property owners may share liability when dangerous conditions make crime more likely.
These claims are known as negligent security lawsuits, and they fall under Georgia premises liability law. Understanding how negligent security works — and when a property owner may be legally responsible — can help injured victims protect their rights and pursue compensation.
At Brandon Smith Law, we help Georgians understand their legal options after serious injuries caused by unsafe property conditions.
What Is a Negligent Security Claim in Georgia?
Negligent security refers to a property owner’s failure to provide reasonable safety measures that could have prevented a foreseeable crime. In Georgia, property owners and occupiers owe a legal duty to keep their premises reasonably safe for lawful visitors.
Unlike a slip-and-fall case, negligent security claims involve harm caused by third-party criminal acts — such as:
Assaults and physical attacks
Robberies or armed violence
Sexual assaults
Shootings or stabbings
Carjackings or parking lot crimes
Georgia courts do not require property owners to guarantee absolute safety. However, when criminal activity is foreseeable and reasonable security measures are ignored, the owner may be held accountable.
How Georgia Law Determines Liability
Negligent security lawsuits hinge on one key concept: foreseeability.
Foreseeability means the property owner knew — or reasonably should have known — that criminal activity was likely to occur and failed to take appropriate action.
Courts often examine several factors when deciding whether crime was foreseeable:
Prior criminal incidents on or near the property
Police reports or complaints from tenants or guests
Known dangerous conditions, such as broken gates or poor lighting
The overall environment or crime level in the surrounding area
Georgia’s legal framework evaluates negligent security claims on a case-by-case basis using the “totality of the circumstances,” meaning there is no single rule that determines liability.
Duties Owed to Invitees, Licensees, and Trespassers
A victim’s legal status on the property matters in negligent security cases. Georgia law recognizes three main categories of visitors:
Invitees (Highest Duty of Care)
Invitees include customers, tenants, or anyone invited onto the property for business purposes. Property owners owe invitees a duty to exercise ordinary care to keep the premises safe — including implementing reasonable security measures when risks are foreseeable.
Most negligent security lawsuits involve invitees injured at:
Apartment complexes
Hotels or motels
Retail stores and shopping centers
Nightclubs or entertainment venues
Licensees (Limited Duty)
Licensees are social guests or individuals present for their own purposes. Owners must warn of known dangers but may have a lower duty than they owe to invitees.
Trespassers (Minimal Protection)
Georgia law generally limits negligent security claims by trespassers, meaning owners typically are not liable for crimes against someone unlawfully on the property.
Common Examples of Negligent Security
Negligent security cases often arise when basic safety precautions are missing or poorly maintained. Some of the most common examples include:
Broken or unlocked gates allowing unauthorized access
Inadequate lighting in parking lots or stairwells
Non-functional surveillance cameras
Lack of trained security personnel in high-risk areas
Failure to repair broken locks or doors
When these hazards exist — especially in areas with a history of crime — property owners may face liability if someone is injured.
Georgia’s Recent Changes to Negligent Security Law
Georgia has seen significant legal developments affecting negligent security lawsuits in recent years. Courts have clarified that victims do not always need to prove a prior “substantially similar” crime to establish foreseeability. Instead, judges consider the overall circumstances surrounding the property and its risks.
Additionally, legislative reforms have created specific legal standards for negligent security claims. These laws outline factors plaintiffs must prove, including:
The criminal act was reasonably foreseeable
A dangerous condition existed on the property
The owner failed to exercise ordinary care
The lack of security contributed to the injury
These evolving standards highlight why working with an experienced Georgia premises liability attorney is essential after a violent incident.
Can Property Owners Be Liable for Assaults or Robberies?
Yes — but only under certain circumstances.
Georgia law generally states that property owners are not automatically responsible for criminal acts committed by third parties. Liability arises only when the owner had reason to anticipate the danger and failed to act.
For example:
An apartment complex with repeated robberies may be required to install lighting or access controls.
A nightclub aware of escalating violence may need security staff or crowd management measures.
A shopping center with prior parking lot assaults may need surveillance cameras or patrols.
If the owner ignores known risks or delays repairs to security hazards, they may be legally responsible when someone is injured.
Who Can Be Held Responsible in a Negligent Security Case?
Negligent security claims often involve multiple parties. Depending on the circumstances, liability may extend to:
Property owners or landlords
Business operators or tenants
Property management companies
Security companies hired to monitor the premises
Security contractors may also face liability if they assume a duty to protect visitors but fail to act with reasonable care.
What Victims Must Prove in a Georgia Negligent Security Lawsuit
To recover compensation, injured victims typically must demonstrate several elements:
They were lawfully on the property.
A criminal act caused their injuries.
The crime was reasonably foreseeable.
The property owner failed to provide adequate security.
That failure contributed to the injury.
Evidence may include surveillance footage, police records, prior incident reports, maintenance logs, and witness testimony.
Compensation Available After a Negligent Security Injury
Victims of negligent security incidents in Georgia may be able to recover compensation for:
Medical expenses and future treatment
Lost wages or reduced earning capacity
Pain and suffering
Emotional trauma
Permanent disability or scarring
Because violent crimes often cause severe injuries, these cases can involve substantial damages.
Why Legal Representation Matters in Georgia Premises Liability Cases
Negligent security lawsuits are complex. Property owners and insurers frequently argue that crimes were unpredictable or that the victim shares responsibility.
An experienced premises liability attorney can investigate:
Prior criminal activity on or near the property
Security policies and maintenance records
Surveillance systems and staffing decisions
Compliance with Georgia safety standards
At Brandon Smith Law, our team understands how Georgia courts analyze foreseeability, duty of care, and liability in negligent security claims. We work to hold negligent property owners accountable while helping injured clients pursue the compensation they deserve.
Injured Because of Unsafe Security Conditions in Georgia? Brandon Smith Law Can Help
If you or a loved one were injured in an assault, robbery, or other violent incident on someone else’s property, you may have legal options under Georgia law. Property owners and businesses must take reasonable steps to protect their guests — and when they fail, they may be held responsible.
Brandon Smith Law is committed to helping clients across Georgia navigate negligent security and premises liability claims with confidence and clarity.
Contact our team today to discuss your case and learn how we can help you move forward after a serious injury.