How Do You Prove Negligent Security?

The legal duty of care for property owners goes beyond fixing broken steps and repairing cracked pavement to prevent someone from falling; it also requires property owners to provide adequate security.

When you’ve suffered physical and emotional harm on someone else’s property, and the property owner could have prevented the harm through sufficient security measures, you have the right to compensation, but how do you prove negligent security?

Understanding the Burden of Evidence In Negligent Security Lawsuits

A negligent security claim to recover compensation for injury expenses, like medical expenses, lost wages, and compensation for pain and suffering, is a category of personal injury claim against a property owner. In these cases, the injury victim (plaintiff) has the burden of evidence in proving that the property owner’s (defendant’s) actions were negligent. The evidence of negligence and liability must demonstrate the following:

• The property owner owed you a legal duty of reasonable care because you were legally on the property and not trespassing or committing a crime
• They breached this duty of care through negligence (negligent security)
• The breach of duty caused your injury
• You suffered damages from the injury

To file a successful injury claim in Atlanta against a property owner, the injury victim must also have compelling evidence that the property owner was aware of the danger, or should reasonably have been aware of a foreseeable danger, but they failed to correct the problem.

What Types of Evidence Prove Negligent Security?

Proving negligent security in Georgia now requires more stringent evidence of property owner negligence. As of April, 2025, Georgia SB 68-69 limits negligent security liability to factors directly under the control of the property owner. The law requires evidence that the property owner was aware of prior instances of crime or wrongdoing within 500 yards of their premises, making it foreseeable that similar actions could occur on their property, yet they failed to provide adequate security measures. Evidence proving a Georgia negligent security case could include the following:

• Local news reports of similar crimes near the property, showing that it was foreseeable that a crime could happen on the property
• Security camera footage showing the crime that occurred
• The police report of the incident
• Photo and video evidence of broken locks, broken gates, inadequate lighting, or a faulty alarm system
• Evidence of prior complaints or warnings made to the property owner
• Proof of negligent hiring or training practices, such as the lack of background checks on security guards and inadequate training on security protocols
• Eyewitness testimony
• Expert witness testimony by security professionals

Finally, it’s also necessary for an injury victim to show evidence of their injury and damages, such as their medical report, medical bills, and employer statements showing lost time from work.

How Can a Negligent Security Law Firm In Georgia Help?

Under premises liability laws in Atlanta, property owners in Georgia have a legal obligation to take necessary measures to ensure that people are safe on their property. The law enhances the duty of care for commercial properties, event venues, hotels, and rental property owners, since they invite people onto their property for business purposes. If you’ve been harmed due to a property owner’s negligent security measures, you need an experienced attorney to perform a thorough investigation and document clear, concise evidence to meet the burden of proof in a negligent security claim. Call Piasta Walker Hagenbush LLC for prompt, assertive legal representation.