Inadequate Security Lawyers in Georgia & South Carolina
When a property owner fails to provide reasonable security measures and a visitor is harmed by criminal activity — assault, robbery, sexual assault, or murder — the property owner can be held civilly liable. This area of premises liability law, known as negligent security, recognizes that while the criminal is primarily responsible, a property owner who knew or should have known about the risk of crime and failed to take reasonable precautions shares responsibility for the resulting harm.
At Roden Law, our negligent security attorneys represent victims of violent crime throughout Georgia and South Carolina — at apartment complexes, hotels, shopping centers, parking lots, bars, nightclubs, and other commercial properties where the owner’s failure to provide adequate security contributed to the attack.
What Constitutes Adequate Security?
The level of security required depends on the nature of the property and the foreseeability of criminal activity. Factors include:
- Prior crime history: Properties with a history of criminal activity in and around the premises are on notice of the risk and must take heightened precautions
- Area crime rates: Properties in high-crime areas have a greater obligation to provide security
- Type of property: Hotels, apartment complexes, and bars have different security obligations based on their nature and hours of operation
- Industry standards: What security measures are standard for similar properties in the area
Reasonable security measures may include adequate lighting (especially in parking areas, stairwells, and entrances), working locks on doors, gates, and windows, surveillance cameras, security personnel, controlled access points, emergency call stations, and proper key/access card management.
Georgia and South Carolina Negligent Security Law
Both states apply premises liability principles to negligent security claims:
- Georgia: Under O.C.G.A. § 51-3-1, property owners must exercise ordinary care to protect invitees from foreseeable criminal acts. Georgia courts evaluate foreseeability based on the “totality of the circumstances,” including prior similar crimes on or near the property. The Georgia Supreme Court has held that a property owner may be liable for criminal attacks when the owner had knowledge of prior criminal activity that made the attack foreseeable.
- South Carolina: South Carolina applies similar foreseeability principles, requiring property owners to take reasonable security measures when criminal activity is foreseeable based on the location, nature of the business, and prior crime history.
Common Inadequate Security Locations
Our attorneys handle negligent security cases at:
- Apartment complexes: Broken locks, non-functional gates, missing lighting, and failure to screen tenants
- Hotels and motels: Failure to restrict room access, missing deadbolts, non-functioning electronic locks, and inadequate parking lot security
- Shopping centers and retail stores: Parking lot robberies, assaults in dimly lit areas, and failure to employ security guards
- Bars and nightclubs: Failure to hire adequate bouncers, overserving patrons, and allowing weapons on premises
- Hospitals and medical facilities: Patient assaults, visitor violence, and workplace attacks
- College campuses: Dormitory assaults, campus parking lot attacks, and failure to implement campus security protocols
Compensation for Inadequate Security Victims
Victims of criminal attacks enabled by negligent security may recover medical expenses, mental health treatment costs, lost wages, pain and suffering, post-traumatic stress disorder (PTSD) damages, loss of enjoyment of life, and punitive damages. Both Georgia and South Carolina recognize that the emotional and psychological harm from a violent assault can far exceed the physical injuries. Wrongful death claims are available when a fatal assault results from inadequate security.
