September 20, 2021

Third-Party Assault Liability Case Law Updates Concerning Duty of Care and Causation | Daily Report - Law.com

Marvis Jenkins of Swift, Currie, McGhee & Hiers. Courtesy photo
Marvis Jenkins of Swift, Currie, McGhee & Hiers. (Courtesy photo)

Third-party assault cases, commonly referred to as negligent security cases, have been on the rise for decades and are known for their exaggerated verdicts. In these cases, there is an allegation the plaintiff, or the decedent, was assaulted or harmed in some way by a third party while on the defendant’s property and that the property owner and/or landlord are liable under a negligence theory.

The general principles of negligence apply: the plaintiff must prove duty, breach, causation and damages. Recently, there have been some developments in Georgia case law related to the issues of duty and causation, which impact the litigation of these cases.

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source: https://www.law.com/dailyreportonline/2021/09/20/third-party-assault-liability-case-law-updates-concerning-duty-of-care-and-causation/

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