What Does “Reasonably Foreseeable” Mean in Georgia Negligent Security Cases?

A negligent security lawsuit in Georgia may be possible if you were injured by a violent individual at a private business. However, recent changes to Georgia’s law may make these claims more challenging than in previous years. A key concept to understand when filing a negligent security claim is the legal definition of “reasonably foreseeable.”

The Legal Definition of “Reasonably Foreseeable” in Negligent Security Claims

If you want to file a negligent security lawsuit in Georgia, you must show that the violence you endured was “reasonably foreseeable.” In making this argument, you must show that the property owner should have foreseen the violence and taken steps to prevent it.

Recent tort reforms in Georgia have made the requirements for negligent security claims more specific. One of the most specific guidelines is the “500-yard rule.” This rule states that if you can establish that similar violent conduct occurred within 500 yards of the incident, you should be able to satisfy the requirements of a negligent security claim.

Although recent tort changes may have made it more difficult to file negligent security claims, these lawsuits are still possible.

Extraordinary Care vs. Ordinary Care

Although establishing that the violence was reasonably foreseeable certainly helps, it may not be enough to achieve success in your negligent security claim. You must also establish that the owner/occupier failed to take “ordinary care” to prevent the violence. The new laws specifically state that owners are not required to take “extraordinary care” to prevent violence, and this could potentially make claims more challenging in the future.

What is the difference between ordinary care and extraordinary care? While the details are complex, you should not expect a property owner to provide the same level of security as law enforcement agencies. Instead, property owners may only need to take basic steps such as proper lighting, security cameras, and locked doors. In some cases (particularly for clubs and bars), property owners may need to hire security guards or “bouncers” as well.

A Premises Liability Lawyer Can Help You Establish a “History of Violence”

Although these restrictions could make negligent security claims more challenging, an experienced premises liability lawyer can research the history of the location and compile a “history of violence.” If you were injured by a violent individual at a specific store, there is a strong chance other people have experienced similar violence within 500 yards. Your lawyer can look into past news reports, police reports, and other sources to identify these past instances of violence.

Can a Personal Injury Lawyer in Georgia Help Me? 

If you were injured on private property, you might want to speak with a premises liability lawyer in Georgia to review your legal options. Although Georgia has recently made negligent security claims more challenging, you can still pursue positive outcomes if you establish that the violence was “reasonably foreseeable.” Learn more by contacting Morain & Buckelew, LLC today.

Sources:

 beinsure.com/news/georgia-court-dunkin-cashiers-stabbing-falls/

msn.com/en-us/news/crime/wrongful-death-suit-accuses-magic-city-security-contractor-of-negligence-in-2024-shooting/ar-AA2182aE