Can I Sue a Shopping Mall for Negligent Security?

Georgia law requires property owners to take reasonable measures to keep people on their property safe. If a person sustains an injury in an assault and battery at a shopping mall because the property owner failed to provide adequate security, the mall may be liable for the injured person’s damages.

To learn more and to get a free consultation, call at 404-842-7838.

A Lawyer Can Help Prove the Shopping Mall’s Liability

Liability for negligent security has four elements, all of which we must establish with evidence:

  1. The defendant (shopping mall) had a legal duty toward the plaintiff (injured person). A property owner generally has no legal obligation to protect trespassers, but if the plaintiff was on the premises legally as a customer, tenant, employee, or another guest, the defendant must take reasonable measures to keep the shopping mall and approaches (parking lots, parking garages, entryways, and other approaches) safe.
  2. The defendant breached its duty to keep the premises safe. If the defendant did not provide adequate security, the mall failed in its responsibility toward the people who are on the property legally. Failure to satisfy a legal duty toward others is negligence.
  3. The defendant’s negligence caused the harm to the plaintiff. If a third party took advantage of the lax security measures at the mall and attacked or assaulted the plaintiff, the defendant’s failure to provide adequate security may be partly to blame for the injury to the plaintiff.
  4. The plaintiff suffered damages. The injured party suffered damages like medical bills, lost wages, and pain and suffering because of the attack or assault at the shopping mall.

To get a free consultation and case review, contact S. Burke Law at 404-842-7838.

Foreseeability of the Crime

One aspect of foreseeability is what has happened in the past at that mall or in the neighborhood. If the mall is in a high-crime area or has experienced multiple crimes in the past, the property owner is on notice that future crimes may occur.

The Shopping Mall’s Responsibility to the Patron

Shopping malls have to provide security that is adequate for the location. A property owner is not required to hire bodyguards to escort each customer while they shop, but the mall must make a reasonable effort to provide a level of security that will prevent foreseeable crimes. If the mall fails to take reasonable steps to deliver a safe environment for shoppers, tenants, employees, and other guests, it may be liable for their injuries suffered due to an attack.

What Can Constitute Inadequate or Negligent Security at a Shopping Mall

Depending on the facts of the case, the property owner can be liable for inadequate and negligent security if it did not:

  • Warn people about foreseeable dangers
  • Upgrade existing security after multiple criminal acts
  • Install surveillance cameras after security events
  • Provide and maintain sufficient lighting
  • Respond appropriately to threats, warnings, alerts, or other incidents that would cause a reasonable person to have security concerns
  • Repair doors, gates, locks, alarm systems, or fences

If you suffered an injury at a shopping mall and inadequate security contributed to your injury, the shopping mall may be liable. You may be eligible to recover compensation. Call S. Burke Law today at 404-842-7838 for help with your case.