Property owners have a duty under the law to keep their premises safe for anyone invited onto their property. They need to take appropriate actions to prevent assaults. This means that premises liability may cover assaults.
Assault cases are rare examples of situations where one party may be liable for the actions of others. While another person may commit an assault or similar attack, a property owner may also be liable because they allowed that attacker to enter the property or did not provide proper security.
Why Does Assault Fall Under the Umbrella of Premises Liability?
Property owners who invite guests onto their property assume a duty to protect those guests. This obligation means that property owners should take steps to prevent accidental injuries, such as ensuring that adequate lighting is present and that floors are free of debris. Additionally, providing a safe environment may also extend to protecting invitees through adequate security measures.
As a result, an assault that occurred due to inadequate security protections could make a property owner liable for your injuries. This could even include attacks by third parties who enter the property. Depending on the conditions that led to your attack, premises liability could cover assault.
For a free legal consultation, call (404) 888-8888
When Does a Property Owner Owe Me Protection?
The law notes that invitees are entitled to a duty of care from property owners, according to OCGA §51-3-1. However, trespassers on a property are not owed this same duty of care. In other words, if you were on a property illegally, you are not entitled to protection from a property owner.
We may need to provide evidence to show that you were an invitee or licensee on a property in order to demand compensation after an accident or attack from a third party. An attorney in Atlanta could provide more information about how this law applies to your case.
How Can I Show that a Property Owner was Liable for an Assault?
Once an injured person can show that the property owner had a duty to provide protection, they will then need to demonstrate how a property owner failed in that obligation. If the owner did not provide adequate security, it could be argued that they failed to protect invited guests and to deter attackers.
Prominent examples of failures to provide adequate protection may include:
- Not having security staff in bars or nightclubs
- Lacking proper lighting at a gas station
- Improper or non-functioning locks in common areas of apartment buildings
- Inviting people onto a property when the owner knows of their dangerous propensity
- And more
We could take the lead in gathering evidence of a property owner’s negligence for you. We could then present this evidence to insurance companies or juries, demonstrating that a property owner’s failure to provide proper security emboldened or enabled an attacker.
How Long do I Have After an Attack to Demand Compensation?
Normally, injured people have a very specific amount of time to demand compensation through a personal injury lawsuit. According to OCGA §9-3-33, this time limit is two years from the date of the injury.
This means that it is often best to get started on your case as soon as possible in order to protect all of your legal options. While many cases will settle out of court, we may recommend filing a lawsuit if you cannot seek fair compensation through an insurance claim.
There are some circumstances where you may be granted an extension on this time limit to file suit. We can tell you more information about how this law may apply to your case.
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We Can Help You After You Were Assaulted on Someone Else’s Property
The team at Bader Scott Injury Lawyers may be able to help you to pursue compensation if you were assaulted on someone else’s property.
To learn more about premises liability assault and your legal options, reach out to us today at (404) 888-8888 to discuss your case during a free consultation with a member of our team.