Update on Premises Liability for Negligent Security
We often read in the newspaper or hear on television about people being assaulted, terrorized, raped or killed by perpetrators while on someone else’s property and wonder if the landowner provided adequate protection to prevent these tragic occurrences. For years, it was the province of attorneys that represented these injured people or their families to show that there was sufficient information out there about the potential for harm that the landowner should have known that it needed to do something to protect the people who are invited upon the property or shop at that business.
Well, in 2025, the ability to hold a landowner liable for serious injuries because of the failure to provide adequate security was made even more difficult. Under pressure from business interests, the Georgia legislature enacted statutes that would make the task of establishing a meritorious claim extremely difficult. Where in the past, it could be argued that the landowner should have known that there was a risk of injury or death from third parties, now, it must be shown that the landowner had actual knowledge of the imminent danger. Getting evidence that the landowner was actually told or put on notice that there existed a danger that required the landowner to take prompt action is a very high, and usually unattainable, standard for the bringing of a negligent security case.
Moreover, there are now procedural hurdles in how a case against a landowner must be tried. Separate mini trials on liability and then damages and other claims will make a trial a multi-step process to achieve a full recovery. The bottom line is that what was always a challenging undertaking has now become a nearly impossible task. Showing that the landowner had actual knowledge of the danger would occur in only the rarest of circumstances.
It is now even more important that you be represented by an attorney that specializes in negligent security cases. We at A Russell Blank, LLC know the law and will honestly advise the potential client as to their rights and prospects for a recovery.
