Negligent Security Lawyer in Dunwoody
Over 40 Years Handling Georgia Premises Liability Claims Under the 2025 Statutory Framework
When a crime occurs on someone else’s property, the question isn’t just who committed the act but whether the property owner failed to keep the premises reasonably safe. I’ve represented personal injury clients throughout Georgia for over 40 years, and I handle negligent security claims for individuals in Dunwoody and across multiple Georgia counties from my office here in DeKalb County.
If you or a family member was injured in a crime on someone else’s property, call (678) 974-0432 today. I offer a complimentary case review and work on a contingency basis, so there’s no fee unless I recover for you.
What Georgia Law Requires Property Owners to Do
Under O.C.G.A. § 51-3-1, an owner or occupier of land must exercise ordinary care to keep the premises and approaches safe for those lawfully invited onto the property. Negligent security, defined under O.C.G.A. § 51-3-50, is a claim against an owner, occupier, or security contractor for bodily injury or wrongful death arising from a failure to protect invitees from the wrongful conduct of third persons. In plain terms: if a property owner knew or should have known that a crime was foreseeable and did nothing, they may be liable for the harm that followed.
To recover, an invitee must now satisfy the requirements of O.C.G.A. § 51-3-51: that the wrongful conduct and the resulting injury were foreseeable, that the conduct was linked to a known hazardous condition on the property, that the owner failed to exercise ordinary care to address it, and that this failure proximately caused the injury. Foreseeability can be established through a particularized warning of imminent wrongful conduct, actual knowledge of prior substantially similar crimes on the property or within 500 yards, or knowledge that the specific perpetrator had a prior criminal history and was present on the premises.
Where Negligent Security Claims Arise in Dunwoody
These claims arise most often at apartment complexes, retail stores and shopping centers, parking lots and garages, and hotels. Dunwoody’s Perimeter Center district, at the junction of GA 400 and I-285, is a dense commercial hub with office towers, retail centers, and a MARTA transit station. The volume of foot traffic in that corridor, combined with the number of property owners and occupiers operating there, means negligent security fact patterns are not uncommon in this area.
Failures that support these claims often include inadequate lighting, broken or missing locks, absent or malfunctioning security cameras, and a lack of on-site security personnel. When a known, documented hazard went unaddressed, the owner or occupier may bear responsibility for the resulting harm.
Georgia Senate Bill 68 & the New Negligent Security Standard
Governor Brian Kemp signed Senate Bill 68 on April 21, 2025, creating Georgia’s first dedicated statutory framework for negligent security claims under O.C.G.A. §§ 51-3-50 through 51-3-57. The new provisions apply to incidents occurring on or after that date. Incidents before April 21, 2025, remain governed by the prior common-law foreseeability standard, including the totality-of-the-circumstances test the Georgia Supreme Court adopted in Georgia CVS Pharmacy, LLC v. Carmichael (2023). Courts are currently applying this 2025 framework as claims under it reach litigation.
Under SB 68, a jury must apportion fault among the property owner, the criminal perpetrator, and any other responsible party. The statute establishes a presumption against verdicts that assign the perpetrator less fault than the property owner or other non-criminal parties. Security contractors hired to provide services can be held liable to the same extent and subject to the same limitations as the property owner or occupier.
Damages, Fault Rules, & Statutory Limits
Compensation in a negligent security case can include medical expenses, lost wages, and pain and suffering. For claims arising on or after April 21, 2025, recovery of medical expenses is limited under O.C.G.A. § 51-12-1.1 to the reasonable value of medically necessary care rather than full billed charges. Punitive damages in most Georgia tort cases, including negligent security claims, are capped at $250,000 under O.C.G.A. § 51-12-5.1(g).
Georgia’s modified comparative negligence rule under O.C.G.A. § 51-12-33 also applies. A plaintiff found 50% or more at fault for their own injury can’t recover damages. Below that threshold, any recovery is reduced in proportion to the plaintiff’s share of fault. I assess how fault is likely to be distributed before any claim is pursued.
The Two-Year Window for Filing a Claim
Georgia’s statute of limitations for personal injury claims, including negligent security cases, is generally two years from the date of injury under O.C.G.A. § 9-3-33. Evidence central to proving foreseeability, such as prior incident reports, maintenance logs, and security policies, becomes harder to obtain the longer action is delayed. Starting the process early preserves your options.
Why Dunwoody-Area Clients Bring These Claims to Me
My practice is built around knowing the courts, hospitals, and local conditions that shape how a claim develops in DeKalb County and throughout Georgia. That local knowledge matters when building the evidentiary record a negligent security claim requires under SB 68’s narrower standard.
I handle each case personally, with direct communication throughout the process. Roughly 95% of my personal injury cases resolve before a lawsuit needs to be filed. When a case does proceed to litigation, I’m prepared for it.
Start with a Free Case Review
There’s no upfront cost to speak with me about your situation. I work on a contingency fee basis, meaning I collect no fee unless I achieve a favorable result for you. For cases resolved out of court, my fee is 25% of the settlement. If the case proceeds to litigation, that rate rises to 35%.
Call (678) 974-0432 to schedule your complimentary consultation with Law Offices of K. Douglas Cook. I can review the facts of your case and explain what Georgia’s current negligent security law means for your claim.
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