While we all understand that we live in what can occasionally be described as dangerous times, we naturally mitigate these concerns by avoiding sketchy circumstances or treacherous parts of town. That being said, however, always being on high alert is a near impossibility as we go through our day.
As such, when we enter another’s property, commercial or residential, we tend to believe that we are safe. Should an outbreak of violence occur on those premises, however, and you or a loved one is injured or killed, there is a provision in the law known as negligent security.
This legal option provides an opportunity to gain a measure of justice or financial recompense for your loss should any negligence be proven as playing a significant role in the tragedy.
Examples of Negligent Security
Assume you lived in a gated community or a secured apartment complex and you find yourself the victim of a home invasion robbery. In addition to the trauma associated with the act, you will have questions regarding what happened to that perceived bubble of protection that you thought you enjoyed. What happened to the much-vaunted security that was advertised when you moved into your unit? Another example might be entering a convenience store that is robbed owing to lax security measures.
If you are injured on another’s property, it is your right to ask questions designed to find the answers you need to help gain closure.
Frequent questions raised regarding problems might include:
- Were all possible measures taken to ensure your safety?
- Did security cameras work at the time of the event?
- Did the control access gate function properly?
- Were doors properly secured?
- Did business allow for unsafe loitering of unauthorized patrons?
With something as random-seeming as violent crime, it takes a full understanding of the many interrelated factors that may have played a role in that event. Negligent security is an actionable concern when looking to obtain any type of justice.
Seeking Just Compensation in The Peach State
Here in Georgia, we have laws on the books to help victims of violent crime recoup their losses should it be proven that negligent security measured played a role in the commission of that crime. Should you prove successful in pursuing your claim, the court might award any, or all, of three categories of damages. These are special, general, and punitive damages.
The first category of compensation, special damages, is perhaps the easiest to assess. Simply stated, special damages are those that can easily be assigned a dollar amount such as lost wages, medical expenses, ongoing rehabilitation efforts, or the value of any property damage. Should your negligent security attorney prove that the defendant’s action, or lack of action, led to your injury, the court would provide for the awarding of special damages to help cover your immediate monetary losses.
General compensation awards offer just recompense for the litany of damages that cannot easily be assigned a monetary value. These include such factors as pain and suffering, mental anguish, stress, anxiety, or an overall loss of enjoyment of life owing to the trauma of the event.
Punitive damages are paid out for injuries that are the result of willful, wanton, or malicious action. This category of damages aims at punishing those responsible while seeking to deter that behavior in the future, and having a qualified and knowledgeable wrongful death lawyer in Atlanta by your side can help ensure that you receive any damages that you may be entitled to and owed.
In terms of limits and caps on your award, Georgia does not cap or limit the payout of special and general damages.
How a Wrongful Death Lawyer in Atlanta can Help
Obviously, there are a great many challenges facing the victim of a violent crime. From coping with the physical and emotional aspects of such an event to struggling to meet any financial responsibilities that result from the action, it makes sense that most people would lack the knowledge, energy, or will to process a negligent security claim.
Your legal team will investigate the details of the case to determine whether the establishment has a history or pattern of violent crime on the premises and whether the owner of the business or property owner has taken all necessary measures that would be needed to keep you safe. Towards that end, your legal team will conduct an investigation to determine whether poor lighting, lax security, broken door locks, or broken windows played a role in facilitating the criminal action.
Contact the Experienced Legal Team at The Stoddard Law Firm
If you or a loved one has been the victim of violence and looking for help when it comes to finding answers, we encourage you to reach out to our team at The Stoddard Law Firm for answers. For a wrongful death lawyer in Atlanta, our seasoned team of litigators and investigators will work to ensure that you receive the just compensation you deserve should your injury have been caused, at least in part, owing to another’s negligent security arrangements.
