December nights in Georgia bring crowded malls, pop-up markets and late store hours, and sometimes parking lot assaults, purse snatchings and carjackings. When a business invites customers onto its property, Georgia law expects it to use reasonable care to keep the premises and approaches safe. If you were attacked in a parking lot, parking deck or at a holiday event, you may have a negligent security claim against the property owner or others.
These claims changed significantly in 2025. Georgia’s tort reform law, SB 68, created a new set of rules for negligent security claims arising on or after April 21, 2025, and those rules make it harder to hold property owners responsible for crimes by third parties. Acting fast to preserve evidence matters more than ever.
Key Takeaways
- Negligent security claims ask whether a property owner failed to take reasonable steps against crime it should have anticipated.
- For claims arising on or after April 21, 2025, new Georgia statutes (O.C.G.A. § 51-3-50 and following) set stricter rules on foreseeability and require the jury to consider the attacker’s share of fault.
- Evidence such as prior incidents, lighting outages, camera coverage and security staffing often decides these cases.
- Ask management to preserve video immediately. Many systems overwrite footage within days.
- Most Georgia injury claims must be filed within two years (O.C.G.A. § 9-3-33).
How Georgia’s 2025 Negligent Security Law Changed These Claims
SB 68, signed April 21, 2025, created a separate framework for negligent security claims in O.C.G.A. §§ 51-3-50 through 51-3-57. The new rules apply only to causes of action arising on or after the law took effect, so the date of the attack matters. In general terms, the new law:
- Tightens foreseeability. A claimant generally must show the owner had a particularized warning of imminent wrongful conduct, or knew of prior occurrences of substantially similar wrongful conduct that made the crime reasonably foreseeable.
- Requires apportionment. The jury must consider the fault of the person who committed the crime along with the owner and others. A verdict that assigns too little fault to the criminal may be presumed unreasonable.
- Limits when owners can be liable. For example, the new rules generally bar claims by trespassers and by people who came onto the property to commit certain crimes, and they do not apply to single-family homes.
For attacks before the law took effect, older Georgia case law focused on whether the owner had superior knowledge of the risk, often shown through prior similar crimes. Either way, these claims turn on detailed evidence about what the owner knew and did. Courts are still working out how the new law applies, which is one more reason to get advice early.
Who May Be Liable
- Property owners and managers that fail to provide reasonable lighting, surveillance or patrols despite a known pattern of crime on or near the property.
- Security contractors that understaff, skip patrols or don’t follow their own post orders.
- Event organizers when crowd flow, cash handling or exits are poorly planned.
- Maintenance vendors if broken lights, gates or cameras go unrepaired for unreasonable periods.
Learn more about premises liability claims in Georgia.
What to Do Right Away
Health first, proof second:
- Call 911 and get medical care immediately. Concussions, fractures and internal injuries can be missed on day one.
- Report it to management and get an incident number. Ask in writing that all video from before and after the incident be preserved.
- Photograph the scene before it changes: lighting conditions, burned-out bulbs, camera locations, broken gates, blind corners and the exact spot of the attack.
- Identify witnesses and other victims. Get names and phone numbers, and note which employees were on duty.
- Save damaged items and clothing without cleaning them, and keep receipts for emergency costs such as tows, rideshares and prescriptions.
- Be careful with recorded statements to insurers or corporate risk managers until you have spoken with a lawyer.
- Follow your treatment plan and keep a simple log of symptoms, missed work and limitations.
Evidence That Moves Negligent Security Cases
Winning these cases often comes down to fast preservation and detail:
- Crime history: prior police calls, incident logs and similar crimes on or near the property.
- Warnings: tips, threats or complaints the owner received before the attack.
- Lighting and visibility: outage reports, maintenance work orders and photos of dark areas.
- Cameras and patrols: camera coverage, retention policies, actual footage, and guard schedules and post orders.
- Design and access: fencing, gates and whether customers were funneled through dark or isolated areas.
- Holiday staffing: whether management added patrols or lighting for extended hours and high-traffic days.
Common Injuries and Damages
Assaults and robberies often cause concussions and post-concussive symptoms such as headaches, brain fog and light sensitivity, facial and dental injuries, fractures from bracing or falling, knee and ankle injuries, and anxiety or PTSD. A Georgia claim can seek ER and follow-up care, imaging and therapy, counseling, future medical needs, lost wages, pain and suffering and stolen or damaged property.
For claims arising on or after April 21, 2025, SB 68 also changed how medical expenses are proven. Under O.C.G.A. § 51-12-1.1, a jury may consider what health insurance actually paid, not just what providers billed.
Practical Safety Tips That Also Help a Claim
Park near entrances and under working lights, lock valuables out of sight before you arrive, and walk with others when possible. If you notice a dark area or broken gate, take a quick photo and tell management. Your report can protect others and creates a timestamped record of a known hazard.
Frequently Asked Questions
Can I Sue a Store If I Was Robbed in Its Parking Lot?
Possibly. You generally must show the owner should have anticipated the crime and failed to take reasonable steps to prevent it. For attacks on or after April 21, 2025, Georgia’s new negligent security statutes require stronger proof of foreseeability, such as a specific warning or prior similar crimes, and the attacker’s fault must be considered too.
Does It Matter When the Attack Happened?
Yes. SB 68’s negligent security rules apply only to claims arising on or after April 21, 2025. Older claims follow earlier Georgia case law. Either way, most injury claims must be filed within two years under O.C.G.A. § 9-3-33.
What If the Attacker Was Never Caught?
You may still have a claim against the property owner or security company. Under the new law, the jury must still consider the attacker’s share of fault even if the attacker is not a party to the lawsuit. Police reports and video become even more important.
Can I Recover for Anxiety or PTSD After an Assault?
Emotional and psychological injuries can be part of a claim when they are documented by your providers. Counseling records, symptom logs and statements from people who know you help show how the attack changed your daily life.
If a holiday shopping trip ended in a parking lot assault or robbery, you don’t have to face corporate risk managers alone. The Gunn Law Group offers a free, no-obligation consultation at our Buckhead and Norcross offices, and you pay no attorney fee unless we recover for you. Call 888-BIG-GUNN (888-244-4866). See our Atlanta and Norcross pages.
