If police never identify or arrest the person who attacked you, you may worry that you have no other way to hold anyone responsible. In Georgia, you may still have a negligent security claim even if police do not arrest the attacker or a court does not convict them.
Why is an arrest not required?
Georgia law uses the term “wrongful conduct” for acts that amount to a felony or misdemeanor, even if no arrest or conviction follows. However, the evidence must still show that wrongful conduct occurred.
A negligent security claim looks at whether the property owner or another responsible party failed to keep the property reasonably safe. The outcome of a criminal investigation does not decide whether you may have a civil claim.
For incidents occurring on or after April 21, 2025, Georgia law sets specific requirements for negligent security claims. For an invitee, the evidence must show that the attack was reasonably foreseeable. Foreseeability must be established through a qualifying prior incident or a specific warning of an imminent threat. The evidence must also show that the attacker took advantage of a specific property condition the owner knew about and that increased the risk of harm.
What evidence may still matter?
Even without an arrest, other evidence may show what the property owner knew about the risk of an attack. This can include:
- Police reports and 911 records
- Witness statements
- Security or incident reports
- Surveillance footage
- Records of prior similar crimes
- Maintenance or repair records for security problems
No single record automatically proves that the owner was legally responsible. The evidence must show how the known risk and conditions on the property relate to the harm you suffered.
What if no one is arrested?
An unresolved criminal case does not automatically prevent you from pursuing a negligent security claim. What matters is whether the evidence can meet the state’s requirements for holding a property owner or another responsible party accountable.
Reports, photos, medical records and other available documentation may help show what happened and what the property owner knew. Because Georgia’s current negligent security law uses specific rules for foreseeability and owner knowledge, legal guidance can help you understand which facts and records may matter to your situation.