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ARTICLE · 07 JANUARY 2022

Proximate Cause Gets A Boost For Negligent Security Cases

Negligent security cases are difficult to defend. The injuries can be very severe and expose property owners and their insurance carriers to large jury verdicts.

United StatesLitigation, Mediation & Arbitration

Negligent security cases are difficult to defend.  The injuries can be very severe and expose property owners and their insurance carriers to large jury verdicts.  Simultaneously, there is little guidance under Georgia law on what actions a property owner should take to avoid liability if they become aware of crime on their property.  A hurdle for a plaintiff is whether the crime was foreseeable in light of prior substantially similar crimes on the property.  When there is no evidence of the property owner's knowledge of substantially similar prior crimes on the property, the property owner can prevail on summary judgment and avoid trial.  Bolton v. Golden Bus., Inc., 348 Ga. App. 761, 763, 823 S.E.2d 371, 372 (2019), reconsideration denied (Feb. 25, 2019), cert. denied (Nov. 4, 2019).  Of course, this defense is only helpful if the property owner is not aware of prior crime.  Another element considered is proximate cause: whether the defendant's actions have a

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