Premises Liability in Georgia Physical Assault Cases

Property owners (landlords, homeowners, and business owners) and property occupants (tenants) have a legal obligation to keep their premises safe. In addition to possible criminal charges being brought to the perpetrator for assault, the owner or the occupant can also be held liable for damages if that legal duty is breached, resulting in an injury to someone.

Premises liability in Georgia also covers protection from third-party criminal activity, including assault. You should talk to an experienced premises liability attorney in Georgia if you were assaulted on someone else’s property.

This is a civil case which is different from criminal proceedings. Both types of cases can be pursued in Georgia. In the civil premises liability case, you can seek financial damages from the at-fault party.

Premises Liability in Georgia Covers Assault

Criminal activity can occur on any property or business. Dangerous conditions and potential hazards may be present anywhere. Property occupiers and owners have a duty to protect their visitors including customers from such threats.

An owner can be found negligent if an assault or third-party criminal act happens on their property. Based on this, they are not automatically liable for damages arising from an assault on their property. These elements need to exist to prove negligence:

• They had a duty to keep the premises safe
• The duty was breached
• Your injuries were a result of the breached duty
• Those injuries caused damages

You will need to prove these points to have a valid premises liability claim in Georgia. An experienced premises liability attorney should be able to help you gather evidence and prove these elements for your claim.

Protection Under Duty of Care

Your status in relation to the business or property owner matters. There are three main statuses:

• Invitees: This includes anyone that was invited to the property. For instance, tenants at apartment complexes, customers at shopping malls, stores, gas stations, and amusement parks, or patients at a hospital.
• Licensees: This includes people that are not on the property from the owner’s invitation but are still legally on the property. One common example would be a door-to-door salesman.
• Trespassers: These are people that are on the property illegally.

Owners and occupiers as per Georgia Code § 51-3-1 need to exercise ordinary care so that their premises are safe for invitees and licensees. Trespassers are not owed the same duty of care. Property and business owners are liable for injuries and damages to trespassers on their property, as per Georgia Code § 51-3-2, if there is willful or wanton injury.

Foreseeable Criminal Activity

The property occupier or owner may have been able to foresee the assault or criminal activity. These are a few situations in which it may be deemed that the assault was foreseeable:

• Property is located in a high-crime area which necessitates higher security measures.
• Knowing similar crimes have already happened in similar premises or buildings.
• Knowing that there is an ongoing inflammatory situation that can easily lead to a crime or assault.

Property owners and occupiers can be held liable for injury and damages if the incident was foreseeable, and no prevention measures were taken.

Negligence in Premises Liability Lawsuits

Business or property owners have a duty to protect invitees and licensees if they have good reason to foresee criminal activity. They are required to exercise ordinary care to keep their premises safe. Owners that are negligent in providing adequate security can be held liable for an assault that resulted from a lack of security on their property.

These are a few examples of when a property owner or occupier can be found negligent and liable for damages:

• Not providing adequate guards or security personnel for protecting the property from criminal activities.
• Improper hiring or training of security personnel.
• Not keeping fences, windows, doors, or gates in good condition.
• Having poor security cameras, lighting, alarm systems, and other security equipment.

The burden of bringing a liability claim in Georgia lies on the injured individual. You will need to file a liability claim with the insurance company of the owner or occupier. You will also need to gather enough evidence to prove that the injuries and damages are a result of negligence.

Premises liability lawsuits can become highly complicated when they involve assault. The insurance company will look for ways of reducing the liability or distancing themselves from the crime. You can increase the likelihood of obtaining fair compensation by working with a reputable premises liability lawyer.

Possible Damages You Can Claim for an Assault in Georgia

You may be able to claim damages for losses faced if you can show that the business owner or property owner was negligent. These damages include:

• Medical costs
• Lost wages
• Property damage
• Pain and suffering

You may be able to add punitive damages to the claim if the assault involved wanton or malicious behavior.

Choose an Experienced Premises Liability Attorney in Georgia Today

When you suffer injuries and losses caused by the negligence of a property owner or occupier, you may be entitled to financial compensation from the at-fault parties. The skilled premises liability attorneys at DuBose Miller will be able to help you present a strong claim by gathering evidence and proving negligence.

To schedule your free consultation, call us at (404) 720-8111 or fill out our online contact form