When you are injured on someone else’s property due to an assault by someone else, you may sue for negligent security.
Negligent security is a type of premises liability lawsuit that allows you to sue when you are injured at someone else’s business. Negligent security cases are generally filed against a property owner.
Although the property owner may not be the person who committed the crime, they had a legal duty to provide adequate security on their property. Proving negligent security requires you to show that the property owner did not provide adequate security and this failure caused your injuries.
The property owner is the party commonly sued in a negligent security case, but sometimes the liability can be distributed among multiple parties. For example, if you are violently robbed in a store located in a strip mall, you could potentially bring a negligent security claim against both the store owner and the strip mall owner.
Can I sue a security company?
Many Georgia properties are managed by security companies, which would make the security company appear to be the natural party to sue. However, suing a security company can be tricky.
Security companies are often independent contractors and have no ownership stake in the property. The legal responsibility of independent contractors is different than that of property owners.
Unlike property owners, security companies who are independent contractors do not have a legal responsibility to ensure the safety of people on the property. When the independent contractor is a security company, their legal duty is to the owner of the property.
This may seem illogical since the purpose of a security company is to make sure a property is safe and secure, which means protecting those on the property. What may happen is a property owner may file their own contractual claim against the security company and ask them to assume some of the damages.
Performing a thorough investigation
Who exactly bears responsibility in a negligent security case depends on the specific facts of the case. You must review what exactly happened in your case to decide the property party to sue.