PRACTICE AREA
Atlanta Negligent Security Attorney
Holding Property Owners Accountable After a Preventable Attack
If you were assaulted, robbed, or seriously hurt by a criminal act on someone else's property, an Atlanta negligent security attorney at The McPhillip Firm can help you determine whether the property owner shares responsibility. Georgia's two-year statute of limitations means the time to investigate is now, while evidence still exists. Our team helps victims pursue compensation for medical bills, lost income, and the lasting trauma of a violent attack.
How Georgia's Negligent Security Law Works After the 2025 Reforms
Georgia's negligent security law was rewritten by Senate Bill 68, signed into law on April 21, 2025. For incidents on or after that date, negligent security is now its own statutory claim under O.C.G.A. §§ 51-3-50 through 51-3-57, separate from the general premises liability rules that still govern slip-and-fall cases. The standard is stricter than it used to be, so understanding it is central to any claim.
A key first question is your status on the property, because the law treats two groups differently:
If You Were an Invitee
Invitees include customers, apartment tenants, and delivery drivers: anyone on the property for a business purpose. Under O.C.G.A. § 51-3-51, an owner or occupier may be liable to an invitee for negligent security only if all five of these are proven: 1. The wrongful conduct by the third person was reasonably foreseeable. 2. The injury was a reasonably foreseeable result of that conduct. 3. The conduct resulted from the third person exploiting a specific physical condition of the property that created a risk substantially greater than the general risk in the surrounding area. 4. The owner or occupier failed to exercise ordinary care to remedy or mitigate that condition. 5. That failure was the proximate cause of the injury. For invitees, foreseeability can be shown through evidence of prior similar criminal conduct on the property or within 500 yards of it.
If You Were a Licensee
Licensees, such as social guests, face a higher bar under O.C.G.A. § 51-3-52. Instead of relying on prior similar crimes, a licensee generally must show the owner had a particularized warning of imminent wrongful conduct and wilfully or wantonly failed to act. This distinction often decides a case, which is why establishing your correct status is one of the first things we do.
Limits the 2025 Law Places on Negligent Security Claims
Because the reforms narrowed these claims, it helps to know where the law now draws lines. Certain people are barred from bringing a negligent security claim, including trespassers, people who were on the property to commit a crime, and those injured on single-family residence premises. Claims also cannot be brought by someone who was not on the premises at the time. The law also allows a jury to apportion a share of fault to the criminal who committed the attack under O.C.G.A. § 51-3-56. A security contractor hired to keep the property safe can be held liable as well, but only to the same extent and under the same conditions as the property owner. These provisions make it more important than ever to build the case carefully and document every contributing condition on the property.
Our Process for Handling Atlanta Negligent Security Cases
Free Initial Evaluation
A no-obligation review of your case. We assess the police report, your medical records, your status on the property, and whether the facts support the foreseeability standard the current law requires.
In-Depth Investigation
We gather records of prior crimes on and near the property, examine the security conditions that contributed to the attack, identify the owner, manager, and any security contractor, and locate every available insurance policy.
Negotiation and Litigation
We put a full value on your damages and negotiate firmly. If the offer does not reflect your losses, we are prepared to try the case in Fulton County or the appropriate Georgia court.
Handling Communications
Throughout your case, The McPhillip Firm handles communications with the insurer so you can focus on recovering.
Where Negligent Security Claims Arise in Atlanta
Apartment complexes with broken gates, poor lighting, or absent security
Parking lots and parking decks
Hotels and motels
Bars, nightclubs, and entertainment venues
Shopping centers and retail stores
Gas stations and convenience stores
Office buildings and parking structures
Apartment complexes are among the most frequent sources of these cases. A negligent apartment security lawyer looks closely at whether the complex ignored broken locks or gates, cut security staffing despite known problems, or failed to respond to prior crimes that put management on notice.
When Should You Contact a Negligent Security Lawyer in Atlanta?
Reach out as soon as possible after a violent crime on someone else's property, especially if the injuries were serious, if you believe the property was poorly secured, or if an insurer or property manager has already contacted you. Evidence in these cases disappears quickly. Surveillance footage is overwritten, security logs are discarded, and prior-incident records must be requested before they are lost. Because Georgia's two-year deadline runs from the date of the attack, early action protects both your health and your claim.
Compensation Available in a Negligent Security Claim
Georgia law allows victims to pursue several categories of compensation:
Common Injuries in Negligent Security Cases
Gunshot and stab wounds
Traumatic brain injuries from assaults
Broken bones and internal injuries
Injuries resulting in permanent disability
Sexual assault injuries
Post-traumatic stress, anxiety, and depression
Wrongful death in fatal attacks
What an Atlanta Negligent Security Lawyer Does
Negligent security is one of the most fact-intensive areas of Georgia injury law, and it changed significantly in 2025. A property owner is not automatically responsible when a crime happens on their property. Liability depends on what the owner knew, what conditions on the property contributed to the attack, and whether the harm was foreseeable under a specific statutory test. An Atlanta negligent security lawyer investigates those questions and builds the proof the current law requires.
Strategy 1
Investigating the crime and the property's security history
Strategy 2
Obtaining police reports and records of prior incidents on or near the property
Strategy 3
Examining lighting, locks, gates, cameras, and security staffing
Strategy 4
Determining whether the victim was an invitee or a licensee under Georgia law
Strategy 5
Identifying the property owner, management company, and any security contractor
Strategy 6
Locating all applicable insurance coverage
Strategy 7
Documenting the physical and psychological harm
Strategy 8
Negotiating a full settlement and trying the case when necessary
Why Choose The McPhillip Firm for Your Negligent Security Claim
The McPhillip Firm represents victims of violent crime across Atlanta with a focused, trial-ready approach. Georgia's 2025 reforms raised the bar for these claims, which makes experienced counsel more important than ever. We understand the new statutory framework, know how to build the foreseeability evidence it demands, and prepare each case as if it will go before a jury. Sean McPhillip and the team take on a limited number of serious cases, so every client gets direct attention.
We work on a contingency fee basis. You pay no attorney fees unless we recover compensation for you, and clients may still be responsible for case costs and expenses regardless of the outcome.
If you or someone you love was hurt by a preventable crime on another party's property, we want to hear what happened. Contact The McPhillip Firm today for a free, confidential consultation. Call (866) TMF-WINS or reach out online.
Key Georgia Laws Affecting Your Negligent Security Claim
Several statutes shape a negligent security case:
- •O.C.G.A. §§ 51-3-50 to 51-3-57 define the negligent security claim, the invitee and licensee standards, the categories of people who cannot sue, and fault apportionment. These rules apply to incidents on or after April 21, 2025.
- •O.C.G.A. § 51-12-33 is Georgia's modified comparative fault rule. You can recover if you are less than 50% at fault, with your award reduced by your share.
- •O.C.G.A. § 9-3-33 sets the two-year statute of limitations, which generally runs from the date of the attack.
For incidents before April 21, 2025, the older standard from the Georgia Supreme Court's 2023 decision in Georgia CVS Pharmacy v. Carmichael still applies. That test weighed the totality of the circumstances, including the timing, proximity, and similarity of prior crimes. Knowing which standard governs your case is essential, and it depends entirely on the date of the incident.
Frequently Asked Questions
Can I file a negligent security claim if the attacker was never caught?↓
Does the property owner's insurance pay these claims?↓
How do you prove a crime was “foreseeable”?↓
Can I still file if there is an ongoing criminal case against the attacker?↓
Who can be held responsible besides the property owner?↓
Client Success Stories
Following a violent assault at my apartment complex, they held the property managers accountable for ignoring broken gates.
Secured a substantial recovery after a shooting in a poorly lit retail parking deck.
Sean and the team proved the motel knew about prior crimes but did nothing.
One Last Step
When Should You Contact a Negligent Security Lawyer in Atlanta?
If you or someone you love was injured by a preventable crime on someone else's property, contact The McPhillip Firm today for a free, confidential consultation. Call (866) TMF-WINS or reach out online.
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