Experienced Injury Attorney Serving Victims of Negligent Security in the Brunswick, Georgia Area
Brunswick, Georgia is one of my favorite places to be. Personally, I enjoy strolling through the Brunswick Old Town Historic District, visiting friends and clients, kayaking on the Brunswick River, and exploring the Golden Isles. It is the easy-going Southern hospitality of the people, however, that keeps me coming back to Brunswick time after time.
As spectacular and engaging as Brunswick can be, the darker aspects of life intrude here as much as they do anywhere else – violent crimes occur from time to time, for example. Many of these crimes are preventable and simply would not have occurred if the establishments where they occurred had provided adequate security measures to protect their guests.
“Negligent Security” is a Valid Legal Claim
If you are attacked and seriously injured, you are likely to suffer significant financial difficulties, even if the perpetrator is apprehended. In most cases, however, suing the criminal for your losses will do you very little good. Violent criminals typically lack the financial resources to pay personal injury claims, and insurance companies typically refuse to pay claims arising from criminal acts committed by the insured.
The solution to this dilemma is to find a third party with legal responsibility for your injuries. If you were attacked in a mall, a nightclub, an airport, an apartment complex, a shopping center, an entertainment venue, or some similar establishment, you might be able to hold the establishment itself liable for failing to provide adequate security (such as locks, security guards, security cameras, etc.).
Insurance Companies Are Difficult to Deal With On Your Own
The establishment that you assert a negligent security claim against is likely to rely on its own insurance policy to pay your claim. This means that you will be dealing with insurance company executives, with every reason to deny or minimize your claim, who have negotiated thousands of claims before. Never mind, because I used to represent insurance companies against personal injury claimants, as well.
Because of this experience, I know how insurance company executives think, and I know how to apply leverage to pressure them to settle. One of the ways I do this, of course, is to remind them of my successful courtroom track record. Most of them would rather settle a claim than mess with me in court. If they want a courtroom battle, however, I am ready for action.
Our Clients Speak
“I’m using Clarke Nash. He’s in Savannah, and I originally hired Eichholz but I learned quickly those big guys have so much pull they can do you so dirty and you won’t even realize. I fired Eichholz and hired Nash and he’s amazing. He seems to care more than Eichholz ever did.” – Kristin Cowart
“As a client with the Law Offices of B. Clarke Nash, P.C., I received a friendly and detailed interaction every time. Each conversation was informative and realistic, concerning procedure, time-frame, and settlement. The staff here takes great pride in providing correct information to clients and I believe they worked diligently to serve me as a client.” – C. Brisset, March 24, 2016
Our Primary Areas of Practice
Car Accidents: There are thousands of ways to suffer in a car accident. When you are injured in an accident caused by someone else’s carelessness, however, there is no reason why you should have to foot the bill. Unfortunately, insurance companies will often try to see to it that you do just that. That is where I come in.
Truck Accidents: Accidents involving large commercial trucks are frequently catastrophic and often fatal. Fortunately, most commercial truck drivers are insured, and extensive regulations apply to everything from the weight of the load they are carrying to the number of hours of sleep they must have. Regulatory violations can often be used to support liability.
Bicycle Accidents: Although most automobile/bicycle accidents are the automobile driver’s fault, it is of course the bicyclist who almost always suffers the most serious injuries. In some cases, a bicycle accident can even be attributed to a driver who ran the bicyclist off the road or into another vehicle. When this happens, the bicyclist is entitled to seek compensation from the at-fault driver.
Premises Liability: Owners and occupiers of premises, including businesses and private residences, are obligated to repair or warn of dangerous conditions to ensure the safety of their guests. If you have suffered an accident on someone else’s property, including a commercial establishment such as a restaurant, you might have a valid claim.
Slip and Fall Accidents: A slip and fall accident is usually framed as a type of premises liability claim. A grocery store employee, for example, may have neglected to erect a “Wet Floor” sign, or a stairway railing may have collapsed on you in a private residence. Either way, you may be entitled to compensation.
Frequently Asked Questions (FAQs)
What do I have to prove to win a negligent security claim?
You must prove four elements to win your case:
- The defendant had a duty to provide security;
- The defendant failed to provide appropriate security;
- The defendant’s failure caused the incident; and
- The incident caused you damages.
When does an establishment have a duty to provide security?
An establishment has a duty to provide security if an injury is reasonably foreseeable. Even then, the establishment needs only to provide the type of security that is appropriate to the foreseeable risk. A rough nightclub, for example, might need a bouncer, while an upscale restaurant might not.
What types of establishments typically have an obligation to provide security?
The following types of businesses, among others, are normally obligated to provide a certain amount of security:
- Bars and nightclubs
- Sports venues
- Entertainment venues
- Condominiums and apartment complexes
- Hotels and motels
- Malls and shopping centers
- Parking lots
Can you give me some examples of negligent security issues that might support liability?
- Failure to discipline or eject drunk and disorderly customers at a bar
- Failure to respond to a distress call
- Inadequate gates or locks
- Failure to hire private security guards
- Inadequate employee or tenant background checks
How much compensation can I recover?
Although that is an impossible question to answer without knowing more about your case, I can tell you that victims are commonly entitled to the following types of damages:
- Medical expense reimbursement (including estimated future medical bills);
- Lost earnings;
- Out-of-pocket expenses; and
- Pain and suffering, mental anguish, and other non-economic damages.
Can I receive punitive damages?
It is possible to receive punitive damages in some cases, although courts are generally reluctant to award them because they are awarded in addition to the compensatory damages listed in the response to the previous question. The defendant must have acted outrageously – maliciously, intentionally, or recklessly, for example – and the standard of proof is significantly higher than it usually is.
What type of legal action should be taken if the victim of negligent security dies?
If the victim dies, Georgia’s wrongful death statutes provide a remedy. The surviving spouse may file a wrongful death claim. If there is no surviving spouse, then the children – or, if there are no children, the victim’s parents or the estate executor – may file the lawsuit.
Is there a deadline for filing a lawsuit?
Yes. The deadline is two years after the date of the injury, and it can be extended if the injured party is mentally incompetent or under 18 when the injury occurred. In a wrongful death case, the deadline is two years after the victim’s date of death.
What should I do after suffering an injury due to negligent security?
To maximize your chances of winning your claim, you should:
- Seek medical attention immediately
- Document your claim – keep your medical records, photograph your injuries, and document how your injuries have impacted your life
- Contact a good personal injury lawyer
Do I have to prove liability “beyond a reasonable doubt?”
No. Most of the time in a civil lawsuit, the standard is “preponderance of evidence,” which means roughly “more likely than not.” If you want punitive damages, you will have to prove your eligibility by “clear and convincing evidence,” which is a higher standard of proof.
Make it Happen, Starting Today
Insurance companies and big businesses often scoff at unrepresented claimants. They do not scoff, however, at experienced personal injury attorneys. The vast majority of my clients walk away with compensation for their injuries, and well over 90 percent of these receive out-of-court settlements. While I cannot make any absolute guarantees of victory, my confidence is high for good reason.
This confidence allows me to make you one guarantee that I would otherwise never dare to make: You will owe me nothing in up-front fees; if I fail to win you compensation, you will owe me nothing in legal fees. I set it up this way on purpose so that there will be no conflict of interest between us – I only win if you win, too.
Contact Me to Schedule Your Free Initial Consultation
If you believe that an establishment at which you were injured provided inadequate security, call me today at (912) 200-5292, fill out my online contact form, or visit my Savannah office at Suite 601, 2 E. Bryan Street to schedule your free case consultation.