Property owners have a duty to provide adequate security to people invited on their property. This applies to homeowners and businesses alike.
Last Updated: July 22, 2026
Negligent Security in Fulton County — What Changed in 2025
- The law changed on April 21, 2025: Georgia’s SB 68 created an entirely new negligent security framework (O.C.G.A. §§ 51-3-50 to 51-3-57) that makes these claims harder to win for incidents after that date
- The new standard: property owners generally are not liable for third-party crimes unless there were prior similar incidents on or near the property, or a specific warning of the danger they failed to act on
- Two tracks: if you were hurt BEFORE April 21, 2025, the older, more victim-friendly law still applies to your claim, but Georgia’s 2-year deadline means those claims run out around April 2027, so do not wait
- Evidence wins these cases now: police reports, the property’s prior crime history, and any warnings the owner received matter more than ever, and they disappear fast
- Attacked on someone else’s property? free consultation, no fee unless we win: (205) 407-6009
What Georgia’s SB 68 Tort Reform Means for Your Case
On April 21, 2025, Governor Kemp signed Senate Bill 68, and negligent security law in Georgia split into two eras. The new statutes, O.C.G.A. §§ 51-3-50 through 51-3-57, replaced the older premises liability framework for these claims entirely, and they apply to any cause of action arising on or after that date.
Under the new framework, a property owner generally cannot be held liable for a third party’s criminal act unless the victim can show prior similar incidents on or near the property, or a particularized warning of imminent harm that the owner failed to act on. An owner who received such a warning and reported it to law enforcement has a complete defense. Juries are now required to apportion fault to the criminal who actually committed the act, which reduces what the property owner’s share can be. Single-family homes are exempt, and a person injured while committing a felony is generally barred from recovering, with an exception for victims of human trafficking.
What does that mean in practice? Evidence has become the whole case. The property’s crime history, 911 call records, incident reports, prior lawsuits, and any warnings the owner received are now the difference between a viable claim and a dismissed one, and that evidence disappears quickly. It also means timing matters enormously: if your attack happened before April 21, 2025, the older and more victim-friendly law still governs your claim, but Georgia’s two-year statute of limitations means most of those claims expire around April 2027.
One more honest note: these statutes are new and largely untested in Georgia’s appellate courts, and early decisions will shape how they are applied. That uncertainty cuts both ways, which is one more reason to have a lawyer evaluate your specific facts rather than assuming the new law bars your claim.
If a property owner does not take reasonable steps to protect people on their property, they can be liable for harm that occurs.
If you or a loved one has suffered injuries or death due to inadequate security, you may have a claim for damages.
The inadequate security attorneys at Fob James Law Firm are standing by and ready to help.
Contact our team today to discuss your case and see what we can do for you.
What is the Negligent Security Law in Fulton County, GA?
The negligent security law in Fulton County requires property owners to provide adequate security on their premises. Hence, negligent security is a subset of premises liability.
The classic example is an apartment complex riddled with crime and violence. In this scenario, the property owner is aware that people on the property are in danger. It is foreseeable that someone could get hurt.
The property owner must take steps reasonably necessary to provide adequate security to protect both residents and others invited on the property.
You may have a negligent security claim if you can prove four things:
- The propery owner owed you a duty to provide reasonable security;
- The property owner breached that duty;
- The breach caused you to suffer injuries; and
- You suffered damages as a result of the injuries.
What Amount Can You Sue For In A Negligent Security Case?
In Fulton County, you can sue for any amount in your inadequate security claim. Compensatory damages are not capped. They are whatever a jury says they are.
Compensatory damages include:
- Pain and Suffering
- Loss of the Enjoyment of Life
- Mental Anguish
- Lost Wages
- Past and Future Medical Treatment
Also, you may be entitled to punitive damages, which are designed to punish the wrongdoer and deter others from doing similar bad acts in the future.
Every case is different, so there is no average settlement in a negligent security case. Speak with an experienced negligent security lawyer in Fulton County, GA to learn more about what your case may be worth.
What Are Common Types of Inadequate Security?
Neglient security cases in Fulton County tend to occur at locatons with higher concentration of people. Of course, they can happen anywhere so always be aware.
From our experience, the most common types of negligent security cases are the result of cime and violence due to the following characteristics:
- poor lighting
- few or no security guards
- broken locks
- poor maintenance of entry points
- inadequate entry screening
- history of assaults and drug deals
- inadequate training on security procedures
- failure to call 911
- inadequate security cameras
Negligent security cases commonly occur in the following types of establishments:
- Apartment complexes
- Nightclubs and bars
- Campuses
- Hotels/Motels
- Gas stations
- Bowling alleys
- Movie theaters
- Event venues (stadiums and concerts)
- Malls
- Fairgrounds
- Retail shopping centers (e.g. Walmart)
- Parking garages and parking lots
How Long Do I Have To File An Inadequate Security Case?
In negligent security cases, the plaintiff either files a lawsuit to recover damages for his or her injuries, or to recover damages resulting from the death of a loved one.
The time to file a lawsuit is called “the statute of limitations”. The time period to file lawsuit can vary.
Wrongful Death Case
The Georgia wrongful death statute of limitations generally allows you only two years from the date of the victim’s death to take legal action in a wrongful death claim.
Personal Injury Case
In most cases, you have only two years from the date of the incident to file a negligent security lawsuit in Georgia.
However in some cases, you have even less time to file a lawsuit. For example, if a city or county entity was to blame, you must take legal action within six months.
Do not wait until the statute of limitations has passed. The court will likely bar you from recovery. That means you will collect nothing for your injuries, physical damages, or pain and suffering.
Talking to an experienced inadequate security attorney in Fulton County is the best way to help you determine the deadline for filing legal action in your case.
Why Proving a Negligent Security Claim Can Be Difficult
Proving a negligent security claim in Fulton County can be an uphill battle.
This is because proving a breach of the duty of reasonable care is not easy. The burden is on the plaintiff to prove his or her case.
For negligent security, this requires proving that the property owner had sufficient notice of the danger and failed to act reasonably.
Proving this often requires costly expert witnesses and discovery.
Just because a person was injured by a third party on someone’s property does not mean that the property owner breached their duty.
Thus, it is imperative that you have an experienced attorney in your corner.
The Fulton County negligent security attorneys at the Fob James Law Firm have the knowledge and experience necessary to fight for your rights to work toward getting you the compensation you need to recover.
Our Negligent Security Attorneys Are the Best Choice In Fulton County
For more than 40 years, the attorneys at Fob James Law Firm have been fighting for victims of injuries.
- WE WORK CLOSELY WITH EACH OF OUR CLIENTS, ENSURING THEY RECEIVE PERSONALIZED ATTENTION. WITH OUR FIRM, YOU WILL ACTUALLY SPEAK WITH YOUR DEDICATED LAWYER NOT AN ASSISTANT.
- WE MAKE SURE THAT WE DO NOT TAKE SO MANY CASES THAT WE DO NOT HAVE TIME TO GET TO KNOW OUR CLIENTS ON A PERSONAL BASIS. KNOWING WHAT OUR CLIENTS ARE GOING THROUGH HELPS US MORE EFFECTIVELY ADVOCATE ON THEIR BEHALF.
- WE MOVE FAST. WE DO NOT SIT ON CASES. WHEN WE TAKE YOUR CASE WE AGGRESSIVELY WORK YOUR CASE FROM DAY ONE TO ENSURE YOU GET THE COMPENSATION YOU DESERVE AS SOON AS POSSIBLE.
- WE ARE NOT AFRAID TO TAKE YOUR CASE TO TRIAL. AS TRIAL LAWYERS WE LOVE TO LITIGATE CASES IN COURTHOUSES ACROSS THE COUNTRY.
- WE NEVER CHARGE FEES UP FRONT. IF WE DO NOT WIN YOUR CASE YOU OWE US NOTHING.
Our case results and client testimonials speak for themselves. Call us today to schedule your free consultation and case review
Contact A Negligent Security Lawyer Near Me in Fulton County, GA
If you have questions about negligent security in general or want to discuss your case, contact our team today.
We offer free case reviews and are standing by and ready to discuss your case with you.
The Fulton County negligent security lawyers at Fob James Law Firm have extensive experience helping victims, and we hope we can help you too.
Give us a call at 866-837-1010 or contact us on our website, to discuss your case and see what we can do for you.