Georgia: Negligent Security Claims Rise in 2024

The U.S. saw roughly 2.5 million violent crimes in 2023, and a huge number of them happened in places we all go every day. When a property’s security is lacking and someone gets hurt, the victim may have a public space assault claim to get compensation for their injuries. But what does “negligent security” actually mean in a courtroom, and what does it take to win one of these cases?

27% of Violent Crimes Occur in Commercial Establishments

According to the Bureau of Justice Statistics, a staggering 27% of all violent crimes in 2023, assaults, robberies, you name it, happened in places like stores, restaurants, and bars. This shows that public spaces aren’t automatically safe and can become dangerous when security is an afterthought. For the property owners, that number is a direct warning about their legal duties. Under Georgia law (O.C.G.A. Section 51-3-1), anyone who owns or runs a property is liable for injuries if they fail to use “ordinary care” to keep the place safe for customers and tenants, and that includes protecting them from predictable criminal attacks.

I’ve handled enough of these cases in Georgia to see that many property owners don’t get what that duty requires. They think throwing up a couple of cameras or having one guard wander a huge parking lot is enough. But “ordinary care” isn’t a fixed checklist. It changes with the situation. It means you have to actively look at your property’s crime history, its location, and what kind of business you run. A bar in a high-crime area with a history of fights needs much tighter security than a quiet bookstore in the suburbs. When a business ignores that reality and their failure helps an attacker hurt someone, they’re on the hook for that public space assault.

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Prior Similar Incidents Increase Liability by 60%

When you look at successful negligent security lawsuits, one fact stands out: showing that similar incidents happened before on or near the property makes a successful claim about 60% more likely. That statistic is the bedrock of proving foreseeability, which is the absolute core of these cases. If a property owner has police reports about assaults in their parking lot or their own security logs show repeated thefts, they are legally “on notice.” They can’t pretend they were surprised when it happens again. The legal idea is simple: you knew you had a problem, and you had a duty to do something about it.

Now, what counts as a “similar incident” is often a major fight in court. It doesn’t have to be the exact same crime. For example, a series of car break-ins in a parking garage can make a later armed robbery in that same garage foreseeable because it shows a clear pattern of criminals operating there without being stopped. What we have to do is show a history of crime that would make any reasonable owner say, “We need better security.” I’ve seen countless property owners try to dismiss past events as “isolated” or “totally different.” That’s why a deep dive into police records, internal reports, and local crime data is so important to show the jury the real risk that the owner ignored.

Only 1 in 5 Negligent Security Cases Go to Trial

Even with all their complexity, only about 20% of negligent security claims actually go to trial. The vast majority are resolved through out-of-court settlements. This might seem odd since the injuries can be life-altering and the damages huge, but it’s a reflection of the serious risks for everyone involved. A property owner going to trial is gambling on avoiding a massive jury verdict and the bad press that comes with it. For the victim, a trial can mean a bigger payout, but it also means a long, stressful, and uncertain process.

That high settlement rate really comes down to good preparation and tough negotiation. When we can build a strong case with clear evidence of foreseeability, sloppy security, and a direct link to our client’s injuries, the other side often decides it’s smarter to settle than risk it with a jury. This means putting together the whole story: reconstructing the incident, bringing in experts to testify on what proper security should have looked like, and documenting every dollar of our client’s damages. If we have video of a broken security gate that was reported weeks before an attack, plus an expert report explaining how that violates basic security for that kind of property, the defendant’s lawyers know they’re in a weak position, and they come to the table.

Security Camera Footage Is Unavailable in 45% of Public Space Assaults

One of the biggest frustrations in a public space assault case is learning that security camera footage is missing or useless in nearly 45% of incidents. It’s a shocking number. The reasons are always the same: the cameras were broken, they were fake, they were pointed at the wrong thing, or the footage was taped over before anyone asked for it. While this definitely complicates things, it doesn’t kill the case. People often think no video means no case. They’re wrong.

Video is great, but we can absolutely prove negligence without it. We build these cases all the time by piecing together other evidence. We use witness testimony, police reports, the business’s own incident logs, maintenance records showing broken lights or locks, and expert testimony about how poor lighting or a lack of staff created the opportunity for the attack. In fact, if someone was assaulted in a dark parking lot where the security camera was known to be broken for months, the *absence* of footage becomes a key part of our argument. The owner didn’t just fail to catch the crime on video. They failed to maintain a basic security measure, making the area a perfect spot for a criminal to strike.

Average Negligent Security Settlements Range from $100,000 to $1,000,000+

Every case is different, but successful negligent security claims in Georgia generally settle for somewhere between $100,000 and over $1,000,000. That huge spread just shows how specific these cases are to the facts. The final number depends on things like the total medical bills, how much pay was lost (and will be lost in the future), the amount of physical pain and emotional trauma, and whether the victim has a permanent disability or disfigurement. If the owner’s negligence was especially bad, a jury might also award punitive damages to punish them and send a message.

For instance, a case with a broken arm and some psychological trauma from an assault in a poorly lit apartment garage might settle in the lower six figures. On the other hand, a case where someone suffers a traumatic brain injury or is paralyzed after an attack in a nightclub with a long history of violence and no security could easily get into the seven-figure range. The work is in correctly calculating all the damages, both the ones with a receipt and the ones without. We bring in medical experts and economists to project those future costs. It’s about what the injury cost you yesterday and what it’s going to cost you for the rest of your life.

If you’re a victim of a public space assault in Georgia and you think poor security was a factor, you have legal options. Knowing how to prove foreseeability and document your full damages is what makes or breaks these negligent security claims. If you or someone you care about was hurt, talk to a lawyer right away to protect your rights and get the compensation you deserve.