Inadequate Security, Unsafe Properties
Coping with a traumatic physical or mental injury, paralysis or a brain injury is inconceivably difficult. While we cannot bring the departed back or reverse the physical and mental injuries, with our experience and through our compassionate and strong representation we can assist in the recovery by aggressively protecting the victim or the victim’s family. The first step is to put the business or apartment complex, that failed to protect the victim, on notice of a Negligent Security claim.
According to the Centers for Disease Control and Prevention (CDC), about 10% of all Traumatic Brain Injuries are due to assaults. They account for 3% of the Traumatic Brain Injuries in children less than 15 years of age. Among Traumatic Brain Injury related deaths, assaults were the leading cause of death for children ages 0-4.
Under Georgia Code, 51-3-1 “property owners and landlords must keep their property reasonably safe.” Further, Georgia case law holds that business owners have a duty to minimize foreseeable risks. In many cases, this would include providing proper security; especially when the apartment complex has a history of or knows of prior violent crimes, break-ins, etc. Apartment complexes and businesses must make sure that all lights on the premises are working, so that there are no dark areas for criminals to prey. This includes stairwells, parking lots, restrooms, and hallways. In addition, if there is a pattern of criminal history a security fence may be necessary.
Apartment complexes are one of the most common places for violent crimes to occur due to unsafe conditions and negligent security. Every apartment complex has many residents who move in and out regularly. Unfortunately, there is no law that forces an apartment complex to share their history of burglaries, automobile break-ins, and violent crimes. In fact, many apartment complexes and businesses hide this information. In each of our cases, we always complete an extensive Open Records Request to the county of where the apartment complex or business is located. This often results in an expansive chronology of violent crimes at the location.
Apartment complexes and businesses are making the unconscionable decision to forego proper security, but instead pay for higher insurance policy limits for when something catastrophic happens. They are making a decision to allow tenants and guests to suffer a violent attack in order to save money. This is unforgivable and it is vital a victim or a victim’s family has an attorney that has the experience and knowledge to force the apartment complex company or business to disclose the security measures they knowingly ignored and then use it against them to obtain optimal compensation for catastrophic harm caused.