Can I Sue a Parking Garage for Negligent Security?
Property owners are responsible for protecting visitors from harm, which includes providing adequate security. As a result, if you have been injured in a parking garage due to negligent security, you have the right to sue and hold the property owner accountable.
What is Negligent Security?
In Georgia, negligent security refers to a property owner’s failure to protect guests and visitors from foreseeable acts of violence or criminal behavior. Negligent security can take on many forms, for example:
- A lack of security guards or doormen.
- Poorly trained or improperly vetted security guards.
- A lack of security cameras.
- Security cameras that are not working or not monitored.
- A lack of proper lighting.
- A lack of fencing or other barriers.
- A lack of locks.
- A lack of metal detectors.
When owners fail to take the reasonable steps expected of them to provide security for visitors, they may be liable for any resulting harm. However, proving negligence will depend specifically on the type of business the owner is running, where it is located, and the level of the foreseeable threat.
Was Your Injury Foreseeable?
Whether a parking garage owner can be held responsible for negligent security heavily depends on if your injury was foreseeable. This means that the owner knew or should have known that the criminal activity resulting in your harm was likely to occur on their premises. For example, if similar crimes have previously been reported to have occurred on the premises, there was knowledge of a volatile situation escalating on the property (e.g., fight or assault), if the parking garage is located in a high-crime area, etc. In these cases, Georgia courts would likely find that your harm was foreseeable and that the parking garage owner should have taken steps to prevent it.
The Consequences of Negligent Security
The consequences caused by negligent security typically involve severe injuries with life-changing repercussions. For example:
Assault and Battery
An assailant can cause a wide variety of serious harm to a victim—for instance, back injuries, traumatic brain injuries, bone fractures, internal bleeding, etc.
A gunshot wound can result in severe tissue and organ damage with sudden incapacitation, profuse bleeding, fractures, and death.
Rape and Sexual Assault
Victims of sexual assault can suffer any type of physical injury at the hands of the perpetrator, sexually transmitted diseases (STD), unwanted pregnancy, and psychological trauma.
Due to the devastating nature of injuries caused by negligent security, victims often suffer long-term psychological conditions even if they heal physically (e.g., PTSD, depression, anxiety)
When a victim’s death is preventable and caused by negligent security, it is considered a wrongful death. In these cases, surviving family members have the right to pursue a claim on behalf of their lost loved one.
Types of Damages Available in a Negligent Security Lawsuit
The following types of compensation may be available in a negligent security lawsuit:
This type of compensation is for actual monetary losses, such as current and future medical expenses and lost wages, loss of future earning potential, damage to property, etc.
Compensation for more subjective losses, including pain and suffering, emotional distress, and loss of enjoyment of life.
Punitive damages are not awarded in every case and are reserved to punish defendants (at-fault parties) who are deemed to have acted in a particularly reckless or egregious manner.
Negligent security cases can be complex, and there may be more than one liable party. To ensure you recover the compensation you deserve, arrange a free consultation with an Atlanta Personal Injury Attorney today.