Can I sue a property owner if I am assaulted on their property?

Establishing a Duty of Care

Whether an assault occurs at a private residence or public building, the first thing that must be established is whether or not a duty of care was owed to the victim. This means the owner was expected to act in a reasonable manner in order to prevent harm to a guest, invitee, patron or whomever visits.

In most cases, these incidences occur at a public setting such as a hotel, fitness center, restaurant, bar, etc. It’s easier to establish the duty of care that owners in these places owe to those who patronize their establishment.

Establishing Negligence

The second element in a premises liability case is establishing that the duty of care was breached in some way. To hold an owner responsible for an assault on his or her property, it must be shown he/she was negligent.

For instance, if somebody is assaulted in a parking lot outside of a commercial establishment, the owner or manager of the parking lot may be liable in a civil claim if its negligent contributed to the assault. This might be the case if the owner failed to fix lights in the parking lot for several weeks.

Owners who provide negligent security when it's common knowledge that crimes happen on or near the premises may be civilly liable for an assault. It could be that a hotel fails to install locks on windows, for example, that allowed an intruder to enter a hotel room.

Of course, if an owner had provided all necessary security features and the assault occurred anyway, the property owner may not be negligent.

Examples include:

ensuring the lights are working;
installing security cameras;
hiring a security guard; and
making sure all locks work.

Talk to attorney Jason R. Schultz if you were assaulted in the Atlanta area and believe a property owner may be liable for your damages. Contact us online or call (404) 474-0804 to set up a consultation.

Have You Or A Loved One Been Injured Due To Negligence On Someone Else's Property In Georgia?

If you or a loved one have been injured due to negligence on someone else's property you should speak with an experienced Georgia premises liability lawyer as soon as possible. Contact us online or call our Peachtree City office directly at 404.474.0804 to schedule your confidential consultation. Jason has helped injured victims in Peachtree City and throughout Georgia for over 30 years and looks forward to helping you.

Can I sue a property owner if I am assaulted on his or her property?

Establishing a Duty of Care

Establishing Negligence

Have You Or A Loved One Been Injured Due To Negligence On Someone Else's Property In Georgia?

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