The Truth About Premises Liability in Georgia and How Security Failures Are Fueling Crime

When property owners and businesses invite us onto their premises, they take on a legal duty to keep those areas reasonably safe. That includes not only fixing dangerous conditions like broken stairs or slick floors but also ensuring that the environment is secure from foreseeable criminal acts. Far too often, people are injured or assaulted in parking lots, apartment complexes, shopping centers, or entertainment venues due to poor lighting, lack of cameras, or missing security personnel. When someone gets hurt because of these failures, Georgia law allows injured patrons to pursue claims under premises liability.

We understand how overwhelming it can feel when you or a loved one is injured because a business failed to take security seriously. As attorneys representing victims throughout Atlanta, we hold negligent property owners accountable for the consequences of their inaction. Premises liability cases involving security failures are not just about physical injuries. These incidents can result in long-term trauma, medical bills, loss of work, and diminished quality of life. Property owners who ignore obvious threats or fail to implement basic security measures must be held financially responsible under Georgia law.

Georgia Premises Liability Laws

Under Georgia Code § 51-3-1, property owners owe a duty of ordinary care to keep their premises and approaches safe for invitees. That means when someone is lawfully on the property—like a customer or tenant—the owner must take reasonable steps to protect them from dangers, including foreseeable criminal acts. For example, if there have been repeated violent crimes in the parking lot of an apartment complex and the landlord fails to install proper lighting or surveillance, they could be liable when another tenant is attacked.

In these types of cases, we often investigate whether the property owner had prior knowledge of similar incidents and whether any preventive measures were ever taken. Georgia courts examine factors like crime history in the area, the nature of the business, and whether the property had security patrols or working locks. Georgia law also permits victims to bring wrongful death claims under O.C.G.A. § 51-4-2 if negligent security leads to the death of a loved one.

Time To File Your Claim Is Limited By Georgia Law

Time is critical. Under Georgia Code § 9-3-33, injury victims have just two years to file a premises liability lawsuit. Waiting too long can mean losing your legal right to compensation. That’s why we urge people injured due to negligent security to speak with a qualified attorney as soon as possible.

We work closely with crime scene experts, medical providers, and investigators to build a strong case showing how the property owner’s lack of security directly caused your injuries. Our goal is to recover full compensation for your medical costs, pain and suffering, emotional distress, and lost income. These cases are never just about money—they’re about making sure property owners fix what went wrong and protect others in the future.

Frequently Asked Questions About Premises Liability And Security Failures In Georgia

What Legal Duty Do Property Owners Have To Prevent Criminal Acts On Their Property?

Under Georgia Code § 51-3-1, property owners must use ordinary care to keep their premises and approaches safe for invitees. This includes taking reasonable precautions to prevent foreseeable criminal acts. If prior incidents have occurred—like assaults, robberies, or shootings—the owner may be expected to improve lighting, install cameras, hire security guards, or take other measures. If they ignore these risks and someone is harmed, they can be held liable in a civil lawsuit.

Can I Sue A Business If I Was Attacked In Their Parking Lot?

Yes. If the business knew or should have known about prior criminal activity in or near the parking lot and failed to address it, you may have a premises liability claim. Courts will examine whether the attack was foreseeable and whether the business took steps to deter it. This could include better lighting, warning signs, security patrols, or surveillance systems. Each case is fact-specific, so it’s important to act quickly and consult with a legal team that understands Georgia law.

What Makes A Crime ‘Foreseeable’ Under Georgia Premises Liability Law?

Foreseeability is key in negligent security cases. Courts consider whether there were previous crimes on or near the property, whether those crimes were similar, how recently they occurred, and whether the property is in a high-crime area. If similar incidents happened and the owner failed to respond, the crime may be considered foreseeable. That makes it possible to hold the property owner accountable.

What Types Of Properties Can Be Held Liable For Security Failures?

Apartments, shopping centers, hotels, nightclubs, bars, office buildings, and parking garages are all common places where security lapses occur. Any place where the public is invited has a duty under O.C.G.A. § 51-3-1 to keep the premises safe. That includes ensuring locks work, entry points are controlled, and that there is a reasonable response to crime trends in the area.

How Do You Prove A Property Owner Was Negligent With Security?

We gather evidence such as prior police reports, security footage (or lack of it), crime statistics, witness statements, and maintenance records. We look at whether the property had broken gates, dark stairwells, or doors that didn’t lock. If the property had repeated problems and did nothing, it’s much easier to prove negligence under Georgia law.

Can I Still Sue If The Person Who Attacked Me Was Arrested?

Yes. Even if the criminal is arrested and prosecuted, you may have a completely separate civil claim against the property owner. Criminal charges deal with punishment. Civil cases are about getting compensation for your injuries. A property owner’s liability is based on their failure to provide reasonable security—not whether the attacker is convicted.

How Much Time Do I Have To File A Claim For Premises Liability In Georgia?

Georgia law gives you two years from the date of the injury to file a lawsuit under O.C.G.A. § 9-3-33. However, waiting too long can make it harder to find witnesses or gather evidence. Surveillance footage may be erased, and memories fade. The sooner you contact an attorney, the better your chances of building a strong case.

What Damages Can I Recover In A Negligent Security Case?

You may be entitled to compensation for medical bills, pain and suffering, emotional distress, therapy costs, lost income, reduced future earning capacity, and, in some cases, punitive damages. If the incident resulted in a fatality, close family members may also file a wrongful death claim for loss of companionship and financial support.

Do These Claims Also Cover Emotional Trauma?

Yes. Victims of assaults and violent crimes often suffer long-lasting psychological effects such as PTSD, anxiety, or depression. These emotional injuries are just as real as physical ones and are considered when calculating damages. Courts recognize the profound impact of emotional trauma in premises liability cases.

What If I Was Hurt In An Airbnb Or Short-Term Rental In Georgia?

Premises liability can apply to short-term rental properties as well. The owner or the rental company may be responsible if they failed to address dangerous conditions or ignored security concerns. These cases may involve unique issues around insurance and liability, but we can help sort through those details and pursue your claim.

Call Shani O. Brooks P.C. Today For Help With Premises Liability And Security Failure Claims

When a property owner fails to protect patrons from known security threats, the consequences can be devastating. These failures not only put lives at risk but can also damage families, careers, and important assets—including small businesses that depend on their owners staying healthy and financially secure.

If you or someone you care about was injured because of a business or landlord’s failure to provide proper security, contact Shani O. Brooks P.C. for legal help today. Our office in Atlanta proudly serves injury victims across the entire state of Georgia. We are committed to helping you hold negligent property owners accountable and recovering the full compensation you deserve.

Contact our Atlanta premises liability attorney at Shani O. Brooks P.C. Attorneys at Law by calling 404-920-4736 to receive your free consultation. Let’s discuss your legal options and take the next steps together.