Posted on Jan 27, 2025

elements of a negligent security case in GA

A violent incident in Brunswick, Georgia left a 15-year-old boy fighting for his life after a shooting outside an apartment complex. The shooting occurred on Friday, January 24, 2025, in the 2100 block of Tillman Avenue. After the shooting, the teenage victim was found with at least one gunshot wound and was subsequently airlifted to a medical facility in critical condition.

By 9:20 p.m. the same day, police arrested 21-year-old Derrick Heidt of Townsend. Heidt apparently faces multiple charges, including attempted murder and aggravated assault. According to The Brunswick News, Heidt was also arrested back in 2024 for attempting to steal a woman’s car using a stolen gun.

Understanding Apartment Complex Security Under Georgia Law

In Georgia, property owners and managers have a legal duty to protect residents and visitors from foreseeable criminal acts. This duty becomes particularly important at apartment complexes, where residents and their families should feel safe in and around their homes.

The issue of foreseeability is a critical issue in negligent security cases. Typically, when we’re working these types of cases, we can pull criminal data and 911 calls to demonstrate that the property or surrounding area were experiencing sufficient criminal activity to make the property owner aware that violent attacks could happen on the property without proper security measures. The more foreseeable the crime, the more security measures that might be necessary on that property.

Ultimately, the goal of this area of law is to make our communities safer. When properties allow criminal activity to go unchecked, crime goes up. Often times, the people that get hurt are the people in the community or who stop into the community and don’t know they’re walking into a dangerous situation.

Georgia's Approach to Property Owner Liability

Georgia courts have established specific standards for negligent security cases. Property owners must take reasonable steps to prevent foreseeable crimes, with courts considering factors such as:

  • Prior criminal activity on the property
  • Security measures in place at the time of the incident
  • The property's location and crime rates in the surrounding area
  • Previous security complaints from residents
  • Known security vulnerabilities

Required Security Measures Under Georgia Law

Common negligent security issuesGeorgia property owners must implement appropriate security measures based on the property's specific circumstances. Common security measures that might be required include basic measures, like:

  • Adequate lighting in all common areas and parking lots
  • Functioning security cameras in high-risk areas
  • Secure access controls and proper gate maintenance
  • Regular security patrols when warranted by crime patterns
  • Prompt response to security complaints
  • Background checks for employees with access to units

Establishing a Negligent Security Claim in Georgia

To prevail in a Georgia negligent security case, victims generally need to prove a few standard points:

  • The property owner had knowledge of the dangerous condition (i.e., the potential for violent crime);
  • The victim was lawfully on the property (not a trespasser);
  • The owner failed to exercise ordinary care in implementing reasonable security measures;
  • This failure directly led to the victim's injuries; and
  • The victim suffered actual damages as a result.

Although defendant property owners, management companies, and/or security companies often point their finger at the criminal, the law allows the jury to apportion damages. Thus, the jury may place some blame on the criminal that actually committed the violent act, but they often find that the property owner created the situation where violent crime was inevitable, or at least likely to occur.

Imagine throwing meat out in your yard and watching coyotes eating it. Imagine doing this every day. And then, someone walks into your yard, and a coyote bites them. Then, imagine arguing it was the coyote’s fault that the attack happened. Sure, the coyote attacked the person, but the reality is that the attack was inevitable, given the circumstances.

Available Compensation for Victims in Georgia

Under Georgia law, victims of violent crimes at apartment complexes may seek compensation for things like:

  • Medical expenses and ongoing treatment costs
  • Lost wages and diminished earning capacity
  • Pain and suffering
  • Emotional trauma
  • Loss of enjoyment of life
  • Punitive damages in cases of gross negligence

The Importance of Rapid Investigation

After a violent incident at an apartment complex, quick action is crucial to preserve evidence including:

  • Surveillance footage before it's overwritten
  • Witness statements while memories are fresh
  • Maintenance records for security systems
  • Documentation of existing security measures
  • Records of prior criminal incidents
  • Police reports and local crime statistics

Contact Our Multi-State Negligent Security Team

If you or a loved one has been injured due to inadequate security at an apartment complex, gas station, mall, or other business property in Georgia, our experienced negligent security attorneys are here to help. Our firm handles cases across multiple states, giving us unique insight into premises liability law. We understand the devastating impact of violent crimes on the injured individuals and the communities where these properties are, and we work tirelessly to hold negligent property owners accountable.

Don't face this difficult situation alone. Call us today at (321) LAWSUIT for a free consultation with a qualified legal professional. Our team will review your case, explain your rights under Georgia law, and help you pursue the justice and compensation you deserve.

We don’t get paid until we win money for you. So, you don’t have to worry about paying anyone upfront. We work on contingency.

Charles Buist
Helping Florida residents injured in car accidents, hurt due to negligent security, wrongful death and more.