Georgia premises liability law requires property owners to keep their premises safe from known dangerous conditions, which can include third party criminal acts. A property owner who knows that there is criminal activity on its premises owes a duty to take actions to keep visitors, tenants, and other people who are allowed to be on the property safe from the harm. Thus, when someone is hurt or killed on a property, the injured party or their family can bring an injury and a wrongful death action against a negligent property owner. These types of claims against property owners are commonly referred to as negligent or inadequate security cases.
You may wonder how a property owner can be expected to control the actions of an unrelated third party. The duty does not require the property to absolutely ensure that all people on the property are safe at all times; the duty requires the property owner to do what it can to protect parties from known dangers. For example, an apartment owner who is aware of assaults of its tenants occurring on the property can take the following steps to protect tenants and visitors:
- Secure the premises with working fencing and gating;