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The Dixon Firm is committed to winning justice for victims of negligence in Georgia.
A Failure to Protect Residents
When property owners fail to provide adequate security to protect their guests,victims of crimes including sexual assault have the right to hold the owners accountable. This area of law is broadly known as premises liability – more specifically, negligent security. Working with legal counsel, the victim must demonstrate the following:
- The property owner (defendant) owed a legal duty to the victim of the crime (plaintiff) to keep the premises safe.
- Because of negligence, the defendant breached this duty and did not provide adequate security.
- This breach caused injury to the plaintiff.
- The plaintiff suffered damages as a result.
Our History of Negligent Security Cases
Our firm has represented victims in other similar cases in Georgia. In September 2017, college student Jaila Gladden visited a Kroger grocery store in Carrollton to buy medicine and tea because she was sick. Shortly before midnight, an unknown assailant who had just been let out of prison forced her into the passenger seat of her car at knifepoint. The kidnapper then drove Jaila to a rough part of Atlanta and raped her.
The attack did not end there, however. The attacker forced Jaila into the trunk and tried unsuccessfully to rob two businesses (one of which was another Kroger store, but which had a security guard). The police were eventually able to track Jaila and the assailant due to the GPS in Jaila’s phone; they rescued Jaila and captured her rapist.
The Dixon Firm took legal action against the shopping center where the first Kroger store was located because of its failure to provide adequate security. Due to the location of this store, and the fact that it was open 24 hours a day, we argued that a security guard could have prevented the kidnapping and rape of Jaila. The fact that the security guard at the second Kroger store deterred the assailant from committing a robbery strengthened this argument.
Using the Law to Win Justice
These and other cases are illustrative of the important role that premises liability attorneys play in helping victims recover from their attacks. Criminal courts can and do hold kidnappers and rapists accountable for their actions, punishing them according to the law and incarcerating them so that others will not be victimized. However, criminal cases are limited in their effect.
While judges in these cases can send assailants to prison and help their victims breathe a sigh of relief, our attorneys fight for another form of justice. This is where the civil courts step in.
Premises liability lawsuits are separate matters from the trials and sentencing that judges conduct and impose upon criminal defendants. When victims of already marginalized communities are further injured because property owners and others turn a blind eye to their needs, we step up and fight for them. The law is a useful tool for accomplishing this goal because it allows us to hold negligent parties accountable for the harm they cause.
Tort Reform in Georgia: What’s Next for Sexual Assault and Negligent Security Cases?
In April 2025, Georgia enacted its first tort reform legislation in 20 years. The law is the result of intense lobbying from the insurance industry and from business interests, who have complained that the prior legal climate exacerbated their losses and made it more expensive to operate in Georgia.
However, this landmark legislation will have drastic consequences for victims of sexual assault who wish to pursue negligent security cases. Among other changes, this new law:
- Narrows the scope of the owner’s liability: Negligent security is now codified in state law with more specific definitions and requirements of what the victim must show. The property owner must have a particularized warning that the assailant was going to imminently commit harm, or that the owner should reasonably have known this (for instance, due to prior criminal activity either on the premises or within 500 yards of it).
- Creates a presumption that fault should be apportioned mostly to the attacker: In other words, responsibility for paying the victim’s damages should now fall mostly to the assailant instead of the property owner. This will make it more difficult to win fair compensation for victims since property owners have more financial resources to compensate victims than the individuals who commit sexual assaults.
Moving Forward After Tort Reform
Although Georgia’s tort reform law will make it more difficult for victims of sexual assault to hold negligent property owners liable moving forward, there are two good things to report.
First, if an attack happened fairly recently, the victim may still have a strong case. The law’s changes concerning negligent security apply only to causes of action that arise on or after April 21, 2025. A victim should step forward right away, however, because there is a two-year statute of limitations on negligent security cases (meaning that a sexual assault victim must file a lawsuit within two years of their attack).
Second, The Dixon Firm is on top of these changes and remains committed to seeking justice for victims of sexual assault and other crimes. We have already studied the new law and are actively incorporating the revised legal standards and requirements into our practice. It’s part of our dedication to victim advocacy and using litigation to help victims prevail in the courtroom.
Our Unique Approach
When survivors call us to share their stories, we keep their information confidential and listen to their experiences with compassion they deserve. Then, we begin exploring legal options and explaining what their rights are to seek monetary damages. We discuss how these damages may be used to pay for therapy, counseling, and to meet their physical and mental health needs as they heal.
These damages also act as a warning to businesses not to allow such attacks to occur again.
Were you or a loved one sexually assaulted, raped, or otherwide harmed due to a property owner’s failure to provide sufficient security? It’s time to speak with The Dixon Firm for a free consultation and case evaluation. Call or contact us online today to get started.
