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Date: 10-21-2024
Case Style:
Case Number: 1:22-cv-01596
Judge: Leigh Martin May
Court: United States District Court for the Northern District of Georgia (Fulton County)
Plaintiff's Attorney:
Defendant's Attorney: Avril P. Calhoun, James Theodore Hankins, III
Description:
Georgia premises liability law holds property owners and occupiers responsible for injuries that occur on their property due to their negligence. This includes injuries that occur in public areas, government facilities, offices, parking lots, private homes, or rented apartments.
Here are some key points about Georgia premises liability law:
Duty of care
Property owners must exercise "ordinary care" to keep their property safe for visitors. This includes making repairs, warning visitors of dangers, and ensuring that approaches to the property are safe.
Types of visitors
The duty of care depends on the type of visitor. For example, someone who enters a store with an open entrance is considered an invitee.
Negligence
Negligence is defined as failing to act with the standard of care that an ordinary person would have acted in the same circumstances.
Damages
Victims can claim damages for medical bills, lost wages, doctor notes, and other personal costs.
Criminal activity
Landowners can be held liable for injuries caused by third-party criminal assailants. The Georgia Supreme Court ruled that reasonable foreseeability can be based on the "totality of the circumstances".
Dog bites
Victims can also pursue premises liability claims against the dog owner if the owner failed to leash, confine, or control their animal.
Outcome: Settled for an undisclosed sum and dismissed with prejudice.
Plaintiff's Experts:
Defendant's Experts:
Comments: