There has been a number of large Georgia verdicts recently in inadequate security premises liability cases. The landscape is ever-chaning for these cases because the law evolves over time in the courts and the codes are interpreted more narrowly. A thorough and timely evaluation is essential to the ssuccessful pursuit of these cases. Some of the initial steps are: talking to the police; requesting crime history reports for the surrounding area; and securing statements from witnesses. Additionally, a thorough anlysis of what insurance is available to cover the incidetn is essential.
When someone gets injured or attacked on a business premises (such as a big box store, hotel, motel or restaurant), the most commong defenses are based on legal arguments of experiration of the applicable statute of limitation, assumption of the risk, trespasser status of the injured plaintiff, equal knowledge of the unsafe condition and contributory negligence. Other common defenses are that the incident did not happen on the property or that the incident was the sole responsiblity of a third party tortfeasor (the attacker).
Inadequate security can often be the basis for liability against the defendants. Most businesses have some type of secuirty measure in place, but the issue is usually crafted around whether the security measures were sufficient to protect against incident that occurred based on the totality of the circumstances. Some common security measure that may or may not be adequate to defend against liability are the organizations policies and procedures related to safety and security, criminal backgound checks of all employees, subcontractors etc., an on-site security guard, adequate fencing that is well-maintained (many incident are the direct result of third parties gaining access to the property through holes in the fence which are regularly used as cut throughs), a security gate for pedestrian access, a security gate for vehicular access, community engagement for safety, adequate reporting of incidents and potential dangers, courtesy officers on site showing a presence, and a documented effort to combat crime.
In Georgia, there are laws and ordiances in place so that these types of situations are less likely to occur. The question that often come up is: due to the extent of the injuries, will there be enough insurance proceeds to adequately compensate the plaintiff for their injuries. Not only is an attack physcially punishing, the emotional toll is immense and, sometimes, can last a lifetime. In many premises liability attack cases, the medical bills and other “hard” damages could easily exceed $500,000, not including the other damages such as pain and suffering, emotional damages, reduced ability to labor and work, etc. These damages add up quickly, and that is what ultimately fuels the value of the case.
For over 25 years, Attorney Robert J. Fleming has been handling premises liability, medical malpractice and serious personal injury lawsuits for individuals and families who have been injured or died as a result of the negligence or malpractice of others in the Atlanta, Georgia area. He is a partner in the law firm of Katz Wright & Fleming LLC and regularly handles cases in Atlanta well as the surrounding area and other cities in Georgia. He is committed to making a difference in his clients’ lives. If you or a family member have been seriously injured or died as a result of a premises attack or other negligence and would like to consult about a potential case, contact Robert J. Fleming directly on (404) 525-5150 or contact us online.