Who Is Liable for the Duty of Care for Safety and Security?

Property owners, landlords, and businesses have a duty of care to keep people on their property safe. If safety and security aren’t present (or good enough), assaults and injuries can happen. The owner or business on the property might be liable for the victim’s damages.

What Kinds of Security Measures Should Property Owners Use to Keep a Property Safe?

The amount of security needed to protect visitors depends on the property. The safety and crime rates in the area also matter. Property owners must have a reason to provide security to prevent harm to those on the property.

Safety measures can include:

• Security cameras
• Working door and window locks
• Regular landscaping
• Security guards or doormen

If an assault happens, the victim might have a premises liability case against the property owner. However, the victim will have to show that the owner failed to provide proper security.

Our premises liability lawyers can help after an assault on someone else’s property. We know what it takes to build strong cases. We can also determine how the property owner was liable for what occurred.

Types of Visitors Who Can Sue a Premises for Negligence

Invitees are those an owner or occupier “induces or leads others” onto their premises. Invitees are legally on the property. Owners owe the highest duty to these people. If an injury or assault happens, the owner might be liable for the full costs.

With a licensee, however, the rules change. According to the Official Code of Georgia Annotated (OCGA) §51-3-2, a licensee is someone who:

• Is not a customer or trespasser
• Has no contractual relationship with the property owner
• Is allowed to be on the property for their own reasons

Property owners are only liable for a duty of care to licensees in specific cases. When there is wanton or willful injury, the owner might be responsible.

Trespassers, on the other hand, don’t have permission to be on the property. Property owners owe no duty of care to trespassers except for not causing “willful or wanton” injury.

Customer and Visitor Liability

According to the OCGA §51-11-7, victims have a duty of care too. The courts might prevent you from recovering damages if you could have avoided harm through reasonable care. However, there is a gray area.

There are cases where the property owner is still liable, even if you contributed to your injury somehow. The owner or their insurance company might try to avoid liability by blaming you for what occurred.

In cases of sexual assault on a property, victims often blame themselves. But assaults are never okay—and the responsible parties should be held liable. Our team can protect your rights in case the owner tries to avoid accountability.

What to Do After Suffering an Injury on Someone’s Property

If you or a loved one were injured on a property, speak with a lawyer as soon as possible. Your lawyer can examine the details and see if you have a case. They can also determine who is liable for what you’ve suffered.

Sexual assault cases are especially complicated and emotional. Of course, you’ll have the right to take legal action against the attacker. But you might also have a premises liability claim against the property owner. It’s important to take action quickly.

The Statute of Limitations on Sexual Assault Cases in Georgia

In Georgia, the statute of limitations is two years from the assault or injury date. That’s how much time you have to bring a legal case. If you miss the deadline, you might be unable to recover anything at all.

Reach out to a trusted attorney today. Your lawyer can handle the legal details for you and your family.

Get a Free Consultation with Our Personal Injury Lawyers

If you suffered injuries or an assault on someone’s property, you have rights. Call John Foy & Associates today for a free consultation. We do not collect a fee unless we win your case. Contact us online to get started with your free, no-risk consultation.