Premises Liability

The owner of a property (“premises”) who has reason to expect crime on its property has a legal obligation to deter and prevent criminals from committing crimes against others on the property. When property owners fail in this duty — whether the result of inadequate security, or negligent employee training or supervision, or failure to do a background check on an employee — crimes like murder, aggravated assault, armed robbery and rape are more likely to occur to innocent individuals, often resulting in death, or in life-long suffering to victims and their families. Under the law, the property owner may be responsible for paying damages resulting from criminal assaults committed on its property (“Premises Liability”).

We have extensive experience helping people who are attacked on properties such as apartment complexes and hotels. Please call us at (770) 394-9000 and we will help you obtain compensation if you believe you or a loved one were injured due to a property owner’s failure to provide adequate security.

Inadequate or Negligent Security
Lapses in security may leave individuals vulnerable to crime — including murder, shooting, stabbing, rape, aggravated assault, mugging, carjacking and armed robbery. Below are some examples of establishments that have a legal obligation to ensure that the security measures they’ve provided are sufficient to protect people on their property:

  • Apartment buildings
  • Hotels and motels
  • Shopping centers
  • Restaurants and bars
  • Gas stations
  • Individual/independent stores
  • Amusement parks
  • Nursing homes
  • Healthcare facilities, including hospitals
  • Publicly owned land such as parks and beaches

Certain apartment complexes, hotels, stores and other establishments are targeted by drug-dealers, gang members, rapists and other criminals because they see little chance of being deterred during the crime or being caught after the crime, and because innocent victims are often readily available. These “crimes of opportunity” often happen in apartments or hotels with faulty or defective door locks or window locks, unmonitored or poorly patrolled parking lots, and improperly secured office buildings. And many of these crimes could have been prevented if adequate security measures had been in place. Any property owner who can reasonably expect that a visitor, a tenant or a customer could be harmed during a criminal attack is required by law to take proper steps to prevent such attacks. Failure to take proper steps might result in the premises owner being liable for the injuries to the victim.

Negligent Hiring, Supervision, & Retention
When an assault is committed by a company’s employee who has access to potential victims while on the job, the company may be legally responsible for injuries caused by its employee.

Negligent hiring may occur when an employer fails to properly screen potential employees and hires someone with a criminal history who then assaults someone. If an employee is discovered to be potentially dangerous after being hired but is kept on staff and subsequently commits an assault, this may support a claim for negligent retention. Likewise, if the employer fails to properly monitor and direct an employee who poses a risk of danger to others and is allowed to commit an assault, this may establish a claim for negligent supervision.

Discuss Your Premises Liability Case with an Experienced Attorney
The owner of the property on which you or your loved one was hurt may be liable for the injuries caused by their negligence. Contact our attorneys right now to schedule a consultation to determine whether you have a valid claim for Premises Liability.

You may be entitled to compensation for physical, emotional, and financial losses if you or a loved one has suffered a criminal assault on someone else’s property.

Contact Deitch & Rogers today for a free case evaluation at no obligation.

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Testimonials

Premises Liability

I have seen Gilbert Deitch in every capacity as a lawyer. I have opposed him in premises liability cases, used him as a consultant and seen his work as a trial lawyer

Gino Brogdon, Former Judge
Fulton County Superior Court

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