Negligent Security in Georgia: Suing a Property Owner

If you were sexually assaulted or attacked at an apartment complex, hotel, or parking garage in Decatur, Atlanta, or elsewhere in DeKalb County, the attacker is not the only party who may owe you answers. Under Georgia law, property owners who fail to provide reasonable security can be held civilly liable for attacks they should have foreseen and prevented — a claim lawyers call “negligent security.”

A negligent security case is brought against the owner or manager of the property where the attack happened — not just the person who committed it. For survivors, it can be the most realistic path to compensation, because the attacker is often unidentified, uncharged, or unable to pay a judgment.

What Is a Negligent Security Claim in Georgia?

Georgia’s premises liability statute, O.C.G.A. § 51-3-1, requires owners and occupiers of land to exercise ordinary care to keep their premises safe for invited guests. Georgia courts have long held that this duty can extend to protecting visitors from foreseeable criminal acts by third parties. In the landmark decision Lau’s Corp. v. Haskins, 261 Ga. 491 (1991), the Georgia Supreme Court confirmed that a property owner has a duty to exercise ordinary care to protect invitees from foreseeable criminal attacks.

This claim is separate from any criminal prosecution, and it is also separate from a civil lawsuit for sexual assault in Georgia brought directly against the attacker. You can pursue the property owner even when the attacker is never found — what matters is whether the owner’s security failures made the attack possible.

What You Have to Prove

To win a negligent security case in Georgia, you generally must show all of the following:

• You were an invitee. Tenants, hotel guests, shoppers, and other invited visitors are classic invitees under Georgia law. (The duty owed to a trespasser is far narrower, so your reason for being on the property matters.)

• The attack was foreseeable. This is the heart of the case. Courts look at prior similar crimes on or near the property, the character of the surrounding area, broken gates or locks, absent lighting, and whether the owner knew — or should have known — about the risk.

• The owner failed to exercise ordinary care. Reasonable steps can include working locks and gates, adequate lighting, functioning security cameras, guards or patrols where warranted, and responding to tenant or guest complaints about safety.

• Causation. The owner’s failure actually contributed to the attack happening — for example, working gates, adequate lighting, or an on-duty guard would likely have deterred or prevented it.

• Damages. Medical bills, counseling costs, lost income, pain and suffering, and other losses caused by the attack.

Warning Signs of Negligent Security

When investigating these cases, attorneys look for red flags like these:

• Security gates that are broken, propped open, or never locked

• Burned-out parking lot, stairwell, or hallway lighting

• Security cameras that don’t record or aren’t monitored

• No guards or patrols despite a history of violent crime nearby

• Prior assaults or robberies the owner knew about but did nothing to address

• Tenant or guest safety complaints that went ignored

• Isolated stairwells, garages, or laundry rooms with no call boxes or cameras

Where These Cases Arise in Metro Atlanta

Negligent security claims commonly involve:

• Apartment complexes and rental communities

• Hotels and motels, including along I-20 and in downtown Atlanta

• Parking garages and surface lots

• Shopping centers and strip malls

• Bars, clubs, and entertainment venues

If the attack happened on commercial property in DeKalb County or Fulton County, the owner’s knowledge of local crime trends is part of what makes an attack foreseeable — owners in high-crime corridors are expected to provide security that matches the risk.

You Don’t Need Criminal Charges to File

Many survivors hesitate because no one was ever arrested. But a sexual assault civil case is separate from any criminal prosecution: the two systems have different burdens of proof, different parties, and different goals. You can pursue a negligent security claim against the property owner even if no one was ever charged, and the civil standard — preponderance of the evidence — means a case can succeed where a criminal prosecution never happened or never resulted in a conviction.

Georgia’s Deadline to File

O.C.G.A. § 9-3-33 gives you two years from the date of the injury to file a personal injury lawsuit in Georgia — Georgia’s two-year deadline for personal injury claims applies to negligent security cases too. Miss that deadline and you generally lose the right to sue, no matter how strong the case.

There is also a practical reason to act quickly: surveillance footage gets overwritten within days or weeks, witnesses move, and broken gates get fixed. Early investigation preserves the evidence that proves foreseeability and fault.

What Compensation Can Survivors Recover?

A successful negligent security claim can recover:

• Medical expenses, including emergency care and ongoing counseling

• Lost wages and reduced earning capacity

• Pain and suffering and emotional distress

• In egregious cases, punitive damages meant to punish the owner and deter similar failures

Common Questions

Can I sue if the attacker was a stranger who forced entry?

Yes. Foreseeability turns on the property’s crime history and the owner’s security failures — not on whether the owner knew the attacker personally. Stranger attacks at properties with known security problems are exactly what these claims cover.

What if the property owner says the neighborhood is just dangerous?

A high-crime area actually cuts the other way: the more dangerous the area, the more foreseeable an attack is, and the greater the owner’s obligation to provide meaningful security. “It’s a bad neighborhood” is an argument for liability, not a defense.

Does a liability waiver in my lease block my claim?

Generally no. Georgia courts disfavor exculpatory clauses, and a landlord cannot contract away the statutory duty of ordinary care owed to invitees under O.C.G.A. § 51-3-1.

How much does it cost to bring a negligent security case?

Personal injury cases like these are typically handled on a contingency basis — you pay no upfront fees, and the attorney is paid only if the case succeeds.

Talk to a Georgia Attorney About Your Case

If you or a loved one was assaulted on someone else’s property in Georgia, don’t assume no one is accountable. The property owner’s security failures may give you a path to justice and compensation. Call Hasan Claxton Law at (404) 669-6119 to book a free consultation. We represent survivors across Decatur, Atlanta, and DeKalb County.

This post is general information only, not legal advice, and no outcome is guaranteed.