When Are Property Owners Liable for Assaults Under Georgia’s Negligent Security Laws?

If you were assaulted on someone else’s property—such as in a parking lot, apartment complex, nightclub, or hotel—you may be wondering who is responsible. In Georgia, property owners can be held liable for violent crimes that occur on their premises under the legal theory of negligent security. But not every incident leads to liability. To succeed in a negligent security claim, certain legal standards must be met.

Here’s what you need from our Atlanta Personal Injury Attorneys at The Spizman Firm to know about when property owners can be held liable for assaults under Georgia law.

What Is Negligent Security?

Negligent security is a type of premises liability claim. It arises when a property owner fails to take reasonable steps to protect visitors, tenants, or customers from foreseeable criminal acts by third parties. This includes assaults, robberies, sexual assaults, and other violent crimes that occur because of inadequate security measures.

Under Georgia law, O.C.G.A. § 51-3-1, property owners who invite the public onto their premises—such as businesses or landlords—have a duty to exercise ordinary care to keep the premises safe. If they fail to provide reasonable security in a high-risk area, they may be held civilly responsible for injuries caused by a criminal attack.

When Is an Assault “Foreseeable”?

The key to a successful negligent security case is showing that the criminal act was reasonably foreseeable. Courts look at whether the property owner knew or should have known that violent crime was likely to occur. Evidence of prior similar crimes on or near the property is often critical. This might include:

• Police reports of assaults, robberies, or shootings in the area
• A history of break-ins or violent incidents on the property
• Complaints from tenants or guests about safety concerns

If there was a pattern of crime and the property owner failed to respond with improved security, liability may attach.

Examples of Inadequate Security

A property owner may be found negligent if they failed to take reasonable steps to secure the property, such as:

• Failing to install or maintain security cameras
• Not hiring security personnel in high-risk areas
• Leaving broken gates or doors unrepaired
• Poor lighting in parking garages or stairwells
• Failing to warn residents or customers of known dangers

Each case is fact-specific. What is “reasonable” depends on the nature of the property, the location, and known threats.

Who Can File a Negligent Security Claim?

Victims of violent crime—including assault, battery, or sexual assault—may be eligible to file a civil claim against the property owner, property manager, or business operator. These claims can provide compensation for:

• Medical expenses
• Pain and suffering
• Lost wages
• Emotional distress
• Future care needs

Get Help from an Experienced Attorney

Negligent security claims are complex and fact-intensive. You’ll need to show both foreseeability and that the property owner failed to act appropriately. At The Spizman Firm, we have experience holding negligent property owners accountable and helping victims recover the compensation they deserve.

Contact us today for a free consultation to discuss your rights and legal options after an assault on someone else’s property. We proudly serve clients throughout Georgia, including Atlanta, Dunwoody, Alpharetta, Cobb County, Fulton County, Gwinnett County, Johns Creek, and Sandy Springs.