Premises-based assaults, attacks, rapes and murders
In the state of Georgia, owners, occupiers and landlords of land and premises have an affirmative obligation (in varying degrees) to make their property safe for visitors and residents. Under O.C.G.A. § 51-3-1, this legal duty includes establishing reasonable safety measures to avoid injuries and/or deaths caused by criminal acts of third parties. Crimes such as murder, rape, assault, battery, robbery, false imprisonment, stalking and the like are events that owners/occupiers/landlords must guard against. The duty to protect against crime extends to a number of different types of premises. Some are public in nature and others are somewhat more private.
For example, open-to-the-public establishments like shopping centers, banks, automatic teller machines (ATMs), convenience stores, retail/commercial stores, bars, nightclubs, parking decks, etc. should have adequate security staff and/or safety arrangements in place for their patrons’ safety. Security guards, bouncers/doormen, parking lot lighting, staircase monitoring, warning signs, patrolling/inspection policies, surveillance cameras, etc. are effective measures that are designed to and often make a business reasonably safe for its visitors.
Other, more private, premises such as hotels, motels, apartment complexes, condominiums, etc., have certain nuances that make safety considerations a little different. For instance, a multi-family housing building or lodging establishment must ensure that its staff is properly suited to serve its tenants and guests. When entrusting people with keys and placing them in a position to observe tenants’ habits and daily lives, property owners have an affirmative duty to conduct criminal background searches (and sometimes psychological tests) before hiring staff to serve in positions like manager, desk clerk, maintenance man, handyman, janitor, security guard and grounds-keeper. A property owner’s failure to take these steps can result in catastrophic, life-altering and sometimes fatal consequences. When, for instance, a sexual predator is given free access to a housing/lodging facility and its occupants, claims for negligent security, negligent screening, negligent hiring, negligent credentialing, negligent entrustment and negligent retention can arise.
Preventing premises-related assaults should be a priority to every owner/occupier of land/premises. However, owners/occupiers of premises with a high-incidence of criminal activity are under a particular duty to meet their safety obligations based upon their actual or constructive knowledge of past assaults or ongoing criminal activity on or about the property.
Prosecution of premises claims involving criminal acts requires particular knowledge of the interaction between Georgia’s criminal and civil laws. Further, such premises cases require knowledgeable investigation to uncover material facts which establish liability on the part of an owner/occupier/landlord of property. To date, The Dow Firm, P.C. has pursued a number of premises liability matters on behalf of clients with great success, securing large recoveries.
