It is no secret that crime is everywhere. Hotels, shopping centers, parking lots, bars, colleges, and apartment complexes are just a few locations where victims are robbed, assaulted, raped or even killed. The owners of such locations are required to exercise ordinary care to keep their premises safe. When a person becomes a victim of crime on someone else's property, an experienced Atlanta attorney should be contacted to determine if the owner failed to exercise ordinary care by providing inadequate security.

Under Georgia law, a property owner can be found liable for criminal attacks if he or she had reasonable grounds to believe that a criminal act would occur and failed to safeguard against it. To show that a property owner had grounds to believe an attack would occur, the victim usually needs to show that there were prior crimes on or near the property that were substantially similar. These prior crimes do not have to be identical, but they must attract the attention of the owner to the dangerous condition that led to the victim's attack. Factors such as the location, nature, and extent of the prior crimes will determine if the owner should have taken steps or additional steps to prevent another attack from occurring.

It is also important to note that Georgia law requires the victim to have exercised ordinary care for him or herself. If the victim did not exercise ordinary care, his or her claim against the property owner could be barred. Additionally, if the victim had equal knowledge about the criminal danger on the property, the claims against the owner may be barred. Determining who knew what and when is a fact intensive inquiry that is necessary in assigning blame.

If the property owner is found to be at fault, the victim is entitled to damages. The damages recovered against a property owner for a criminal attack are intended to restore the victim as if the attack had never occurred. This may include damages for pain and suffering. Depending on the specific facts of a case, a victim may also ask for special damages which include medical bills, lost earnings, loss of consortium, and other legal damages. In some cases, punitive damages may also be awarded as a means to punish and deter the property owner.

In the end, the blame for a criminal attack should lie on the shoulders of the attacker. Yet, businesses and property owners have a legal duty to provide adequate security. When they fail to do so, they may be responsible for the financial, physical, and emotional pain felt by the victim. An experienced Atlanta attorney can help you recover the damages suffered due to a criminal attack, and in doing so, force the property owner to make their premises safer to prevent another crime from taking place.

The information provided above is a very general summary of the law regarding this particular legal issue at the time this text was prepared. Because this analysis is subject to change depending upon recent cases and developments, you should not rely on this summary as legal advice. As with any important legal question, you should always consult with a lawyer licensed to practice in your jurisdiction. Our lawyers are licensed to practice in all Georgia state and federal courts.