Property Owner Liability for Assaults and Attacks in Gwinnett County
Property owners may hold liability for assaults and attacks that occur on their property if victims can show that the owner’s negligence contributed to the attack. Georgia law mandates that property owners must take all reasonable measures to prevent any foreseeable harm to visitors. If ever you are victimized in a criminal assault or attack and the property owner could have prevented it by implementing reasonable safety measures, you might be able to file a claim against the owner for compensation for your damages.
To discuss your legal options for restitution after a criminal assault in Gwinnett County, call the Law Offices of John Morrison at 770-951-8900.
Can I sue the property owner when for an attack onsite?
When you are assaulted by a criminal, you have the legal right to sue the criminal to recover damages. Unfortunately, this is usually a futile attempt because the criminal might escape and you would not be able to hold him/her liable. Plus, some people who engage in this behavior have little to no assets, so there is little you can recover. Although sometimes, suing someone in civil court who attacked you or your family member can prove successful.
Above and beyond suing the person who attacked you, if the assault occurred on another’s premises, you might be able to file a premises liability claim against the owner if you can prove the owner breached his/her duty of care to you, i.e., prove negligence. Most often, criminal assault-related premises liability claims are based on the fact that the owner had negligent security or other safety measures.
What constitutes negligent security or safety measures?
Owners are legally mandated to take measures to prevent any foreseeable harm to their visitors or patrons. If they know or should know that there is a risky element or a hazard on their property, they must take steps to address it or adequately warn visitors about the danger.
If an owner fails to uphold their duty of care and essentially allows or creates conditions that are conducive to criminal attacks, the owner can be legally responsible for victims’ damages.
Examples of negligent security including the following.
- Inadequate lighting in stairwells or parking lots
- Lack of video surveillance, too few cameras, or defective cameras
- Lack of or defective security equipment
- Failing to perform background checks on employees
How do I file a claim or lawsuit for damages after a criminal assault?
If you or your loved one was victimized in an attack or assault, after tending to your immediate needs, discuss your case with a local injury attorney in Gwinnett County at the Law Offices of John Morrison. We will review the details of your case, determine your options, and help you file the necessary forms and collect evidence to seek financial recovery for your damages.
For a free, no-obligation consultation with an injury lawyer in Gwinnett County, call the Law Offices of John Morrison, LLC today at 770-951-8900.