What Is Negligent Security in Georgia?
Short answer: Negligent security is a claim that a property owner failed to take reasonable steps to protect people from a foreseeable crime on its property, such as an assault in an apartment parking lot. For claims arising on or after April 21, 2025, Georgia requires specific proof and requires the jury to assign fault to the criminal.
Definition
Negligent security is a type of premises liability. An owner such as an apartment complex, hotel or store can share responsibility with the criminal if poor security made the crime foreseeable and more likely. The general duty to use ordinary care to keep premises safe for invitees, such as customers and tenants, comes from O.C.G.A. § 51-3-1.
How it works in Georgia
SB 68 created new rules at O.C.G.A. §§ 51-3-50 through 51-3-57, which now govern most of these claims against owners and occupiers.
- Foreseeability. You must show the owner had a particularized warning, or knew of prior similar wrongful conduct on the property or within 500 yards of it (§ 51-3-51(1)).
- A known physical condition. The crime must have exploited a known condition of the property, such as a broken gate, that made crime there substantially more likely than in the surrounding area, and the owner must have failed to use ordinary care to fix it (§ 51-3-51(3), (4)).
- Fault shared with the criminal. The jury must assign reasonable fault to the criminal. Giving the criminal less than the defendants combined is presumed unreasonable and can lead to a new trial (§ 51-3-56).
- No liability for injuries to trespassers, injuries at single-family homes, or injuries to someone who came to commit a felony, among other exceptions (§ 51-3-54).
- Older incidents are generally governed by prior case law under § 51-3-1.
Example
You are robbed at gunpoint in your DeKalb County apartment complex’s parking lot. The entry gate had been broken for months, management knew, and residents had reported an earlier armed robbery in the same lot. Those facts may support a claim against the owner, with fault also assigned to the robber.
Why it matters for your claim
- The 2025 rules make these cases more demanding and more evidence-driven.
- Police call logs, prior incident reports and maintenance requests often decide the case.
Read more: Negligent security claims in apartments and student housing and Negligent security during holiday shopping.
Related terms
Frequently Asked Questions
What is the 500-yard rule?
Under the 2025 law, prior similar crimes within 500 yards of the property can help show foreseeability, but only if the owner actually knew about them.
Does calling 911 protect the owner?
In part. If the claim rests on a specific warning of an imminent crime, an owner who made a reasonable effort to alert law enforcement, including calling 911, is not liable on that basis (O.C.G.A. § 51-3-54(7)).
Browse the full Georgia personal injury glossary
Questions about how this applies to your accident? Call 888-BIG-GUNN or request a free case review. There is no fee unless we win.
This is general information about Georgia law, not legal advice for your situation.
