Understanding Premises Liability: Holding Property Owners Accountable for Criminal Acts

Imagine visiting a store, a friend's house, or any property. While you're there, you expect a certain level of safety. This expectation is the essence of premises liability — a legal concept that holds property owners accountable for ensuring the safety of visitors.

If someone is injured due to unsafe conditions on someone else's property, the property owner may be liable for those injuries. Unsafe conditions can range from wet floors and poorly maintained stairs to inadequate security measures.

In some unfortunate instances, individuals become victims of criminal acts like assault, robbery, or other harmful actions while on someone else's property. This raises a crucial question: Can the owner of the property be held responsible for the harm caused by a criminal act?

There are situations where a property owner can be held responsible for intentional acts committed by third parties. So, for example, if you are the victim of a crime while shopping at the store or visiting a nightclub, you may have a premises liability case based on negligent security. A lack of working security cameras, failure to hire and train security guards, and even failure to maintain proper lighting in outdoor areas like parking lots are all examples of negligent security.

Whether or not the property owner is liable depends on foreseeability and reasonable security measures. If the property owner knew or should have known about the potential risk of criminal activities on their premises and failed to take reasonable steps to protect visitors, they may be liable.

The Georgia Supreme Court recently issued two important rulings on negligent security claims. 

Georgia CVS Pharmacy, LLC v. Carmichael. In this case, James Carmichael was shot and wounded in the parking lot of a CVS pharmacy. He sued CVS for negligent security, alleging that the company failed to take adequate security measures to protect its customers. During trial, Carmichael asserted that the CVS store was in a high-crime area. CVS employees were called as witnesses to testify regarding their concern about the safety of the CVS parking lot, partially due to inadequate lighting and a lack of security guards. The jury found in James Carmichael’s favor and awarded him nearly $45 million in damages. The Georgia Supreme Court affirmed the verdict, finding that prior crimes need not be identical to establish foreseeability.

In Welch v. Pappas Restaurants, Inc., a man was shot and killed during an armed robbery in the parking lot of a Pappadeaux Seafood Kitchen. The man's widow sued Pappadeaux and the security company for negligent security. The Georgia Supreme Court found that the widow had presented enough evidence to go to trial on her negligent security claim. The court held that the foreseeability of a third-party criminal act is determined on a case-by-case basis, taking into account all of the relevant circumstances.

The Georgia Supreme Court's rulings in these two cases are a significant victory for plaintiffs who are seeking to hold premises owners and occupiers accountable for negligent security. The court's decisions have made it clear that the foreseeability of a third-party criminal act is a fact-specific question that must be determined on a case-by-case basis. Plaintiffs who are bringing negligent security claims are now more likely to be able to get their cases to trial, and they are also more likely to be able to recover damages if they are successful. The court has also made it clear that premises owners and occupiers have a duty to take reasonable steps to protect their customers from criminal activity.

If you have been injured by criminal actions due to negligent security, Attorney Andrew Lynch can provide the trusted legal support you need. With decades of experience, our negligent security lawyers are fully prepared to investigate your accident, determine liability, and pursue the compensation you deserve. Contact the Law Offices of Andrew Lynch for a free consultation today.

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