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Georgia's Negligent Security Law Changed in 2025, and It Matters

Negligent security claims in Georgia used to fall under the state's general premises liability statute. That changed on April 21, 2025, when Senate Bill 68 created an entirely new framework specifically for these cases, codified at O.C.G.A. §§ 51-3-50 through 51-3-57.

Under the new law, an invitee, someone lawfully on the property for the owner's business purposes, must show the crime was foreseeable because of prior similar wrongful conduct on the property itself or within 500 yards of it, and that the owner knew about it and failed to act.

The standard for a licensee is stricter still, generally requiring a specific warning of imminent danger. The law also lets a jury assign fault to the criminal who actually committed the attack, not just the property owner.

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If you or someone you love was the victim of a violent crime due to inadequate security, the negligent security attorneys in Atlanta at Turnbull, Moak & Pendergrass will build the case around exactly what this new law requires, not the old standard many people still assume applies.

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The Crime Picture Behind These Cases

Negligent security claims track closely with the crimes most associated with poorly secured properties: assault and robbery. According to the Major Cities Chiefs Association, Atlanta's aggravated assaults rose nearly 17 percent in 2025 compared to the year before, and robberies climbed by more than a quarter over the same period.

That trend runs in the opposite direction of Atlanta's declining homicide numbers, and it's part of why crimes tied to inadequate lighting, absent security personnel, and broken access controls remain a real and growing concern at apartment complexes, parking facilities, and commercial properties across the city.

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The Toll a Violent Crime Takes

Victims of crimes enabled by inadequate security often face injuries well beyond the physical attack itself. Common effects include:

  • Physical trauma from assault, including fractures, lacerations, and gunshot wounds
  • Traumatic brain injuries in attacks involving blunt force
  • Post-traumatic stress disorder and lasting anxiety, especially around returning to the location
  • Depression and difficulty functioning in daily life following a violent attack
  • In the most serious cases, wrongful death

The psychological injury in these cases is often just as significant as the physical harm, and it deserves the same serious documentation in building a claim.

Georgia's new statute gives property owners several ways to defeat a claim before it ever reaches a jury, including exclusions for trespassers, people not lawfully on the premises, and cases where the owner had already reported a specific threat to police.

Meeting the foreseeability standard now requires real investigative work: locating prior incident reports, canvassing for similar crimes within 500 yards of the property, and documenting exactly what the owner knew. A case built on an assumption rather than a documented record is far more vulnerable than it would have been under the old law.

What Are Common Security Failures Behind These Cases?

  • Inadequate or broken lighting in parking lots, stairwells, and common areas
  • No security personnel, despite a documented history of crime on the property
  • Broken locks, gates, or access control systems left unrepaired
  • Absent or non-functional security cameras
  • Failure to warn tenants or visitors about recent crimes nearby

Under the new law, simply showing one of these failures existed isn't enough on its own. It has to connect to a documented pattern of foreseeable risk that the owner knew about and ignored.

Where Do Negligent Security Claims Most Often Arise?

Apartment complexes account for a significant share of these cases, particularly in shared parking areas and stairwells. Hotels, shopping centers and their parking decks, nightclubs and bars, and office buildings round out the settings where inadequate security most often becomes a legal issue, especially in higher-traffic commercial corridors throughout metro Atlanta.

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Who Can Be Held Liable?

  • The property owner, for failing to address a foreseeable risk of criminal activity
  • A management company, if it controlled security decisions on the owner's behalf
  • A security contractor is held to the same standard as an owner or occupier under
  • Georgia's current law
  • A commercial tenant, in cases where the tenant controlled the area where the attack occurred

More than one of these parties is often involved, and sorting out who controlled which part of the property is frequently central to the case.

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What Damages Can I Recover After a Negligent Security Incident in Atlanta?

Georgia law allows victims of negligent security to pursue both general and special damages tied to the attack.

  • Medical Expenses: Emergency treatment, surgery, and any ongoing care tied to the attack.
  • Mental Health Treatment: Therapy and psychiatric care for trauma resulting from the incident.
  • Lost Income: Wages missed during recovery and any lasting impact on your ability to work.
  • Pain and Suffering: Compensation for the physical and emotional toll of surviving a violent crime.
  • Wrongful Death Losses: Funeral costs and the loss experienced by the surviving family in fatal incidents.
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What Should I Do After a Violent Crime on Someone Else's Property?

  • Get to safety and call 911 to report the crime and request medical help.
  • Get medical treatment immediately, even for injuries that seem minor at first.
  • Request a copy of the police report once it's available.
  • Document the scene, including any broken locks, missing cameras, or poor lighting, if it's safe to do so.
  • Ask about prior incidents, since management or other tenants may know about similar crimes at the property.
  • Avoid speaking with the property's insurer before consulting an attorney.
  • Contact an attorney promptly, since building the foreseeability case takes time-sensitive investigation.

The Kinds of Properties Behind These Claims

  • Apartment complexes and multifamily housing
  • Hotels and extended-stay properties
  • Shopping centers and their parking areas
  • Nightclubs, bars, and entertainment venues
  • Office buildings and parking decks

Each setting raises its own questions about who controlled security decisions and what history of crime existed there before the attack.

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Why Choose the Negligent Security Attorneys at Turnbull, Moak & Pendergrass in Atlanta, Georgia?

When property owners fail to take reasonable steps to protect visitors, the consequences can be devastating. Turnbull, Moak & Pendergrass is a national trial firm that represents individuals who have suffered serious injuries due to inadequate security and preventable criminal acts. Our attorneys are prepared to take on complex, high-stakes cases and pursue accountability through aggressive litigation. Across 36 states, our team has taken more than 127 cases to trial and secured 116 jury verdicts. Licensed in 10 states, we have obtained verdicts of up to $37 million and consistently turned seven-figure cases into eight-figure results.

Our team’s professional recognitions and memberships include:

  • Georgia Trial Lawyers Association
  • Southern Trial Lawyers Association
  • American Association for Justice
  • National Trial Lawyers, Top 100
  • The Best Lawyers in America®
  • Martindale-Hubbell AV Preeminent Rating
  • Super Lawyers

We offer free consultations and handle cases on a contingency fee basis, so you pay nothing unless we win. If you or someone you love has been injured due to negligent security, contact Turnbull, Moak & Pendergrass today to discuss your legal options and learn how our negligent security lawyers in Atlanta can help you pursue justice and compensation.

Negligent Security FAQs

Does Georgia's new negligent security law apply to my case?

It depends on when the incident happened. The new framework applies to incidents occurring on or after April 21, 2025. Earlier incidents are generally evaluated under the prior premises liability standard.

What's the difference between being an invitee and a licensee under the new law?

An invitee is someone on the property for the owner's business purposes, like a customer or tenant, and has a somewhat more workable path to proving foreseeability. A licensee, generally someone on the property for their own purposes with the owner's permission, faces a stricter standard requiring a specific warning of imminent danger.

Can the property owner blame the criminal who attacked me instead of taking responsibility?

Partially, yes. Georgia's current law allows a jury to apportion some fault to the person who committed the crime, though that doesn't automatically eliminate the property owner's own responsibility for failing to provide reasonable security.

Do I have to pay anything up front?

No. Negligent security cases at Turnbull, Moak & Pendergrass are handled on a contingency fee basis, so there's no cost to begin, and we're only paid if we recover compensation for you.

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