Commercial Owner’s Liability for Assaults Between Patrons
The holiday season brings all-around cheer for everyone, but it’s also a time when tempers run high. Bar brawls and fights at shopping centers become commonplace during this time of year.
When someone is drunk in a bar or restaurant, the risk of assault and violence increases. In relation to this, the owner of the commercial establishment has the legal duty to take reasonable steps to keep their patrons safe, and they may be held responsible for your injuries and damages.
If you or someone you love has been assaulted by another patron at a shopping center, mall, store, bar, restaurant, movie hall, sports facility, or another public place, you should speak with an experienced premises liability attorney to know your rights to financial compensation.
When There is Just One Act of Violence
Georgia law requires the owners of businesses that are open to the public to exercise reasonable care to protect guests from harmful conduct of other people on the property. The pertinent legal issue in the case of businesses that don’t have a history of violence occurring on their property is whether the owner knew or should have known of the possibility of assault.
For instance, it is typical for some people to drink excessively during an event or during the holidays and spread raucous cheer. Sometimes, things happen to go too far and result in physical assault. When this occurs, there is usually some sort of confrontation or loud argument before the blows land. The business has a duty to intervene when this happens to protect the patrons.
The bar should have their security staff address the problem or call the police to protect their guests. A wide array of factors will determine what is “reasonable” under the circumstances. This includes the presence of security, timing, use of deadly weapons, and other factors.
When There are Multiple Acts of Violence
A business owner may be held responsible for not reasonably foreseeing the risk of violent criminal assaults and providing adequate security if there have been prior acts of violence at the property. Georgia law imposes a special relationship on the business and an obligation to protect their safety while on the property.
In such incidents, the violent assault should have been preceded by some form of warning or verbal confrontation. The injured patron may have a valid cause of action in these cases against the perpetrator as well as the commercial establishment. Seeking the advice of a skilled attorney is important if you are considering filing a legal claim against the business.
Determining Liability for Assault Between Patrons
The owner of a commercial business becomes liable if they did or did not do something that led to the violation of premises liability law. The law maintains that property owners owe a standard of care to their patrons to keep them safe and secure on the property. The property owner can be held liable if an assault occurred because the owner failed to have proper security in place.
In some cases, the other patron may be liable if they intentionally hurt you. For instance, the other person can be held liable if they punched you in the face.
If the injury was accidental, liability might be called into question. For instance, the other patron may not have meant to hit you when they accidentally slipped on the floor. In this situation, the patron won’t be liable, but the property owner might still be at fault for failing to make their premises safe for the public.
Suing the Commercial Owner for Injuries Sustained in their Georgia Property
It’s critical to prove that the assault was foreseeable to the business owner to establish that they had a duty to protect you. There are different approaches to establishing this. You must be able to prove the following for recovering damages from the restaurant owner:
- The owner had a duty to reasonably protect you from harm
- The owner failed in exercising reasonable care for protecting you
- This failure of exercising reasonable care caused the resulting injuries
- The injuries sustained are calculable
Liability in case of unanticipated assaults between patrons can be difficult to establish. Plaintiffs are required to demonstrate that the owner was aware that such an assault could occur. An experienced attorney can play a major role in proving that the business owner was negligent and failed to protect patrons from assault.
Get a Free Case Evaluation from Our Seasoned Premises Liability Attorneys
If you were injured or someone close to you was killed during a violent assault at a commercial establishment, seeking the advice of a reputable premises liability attorney at Miller Injury Trial Law is the most important first step you can take toward obtaining financial compensation for the injuries and damages you suffered.
We take a thorough approach to investigate the incident and ensure the injured victims have a strong claim to the compensation they are entitled to. To request your free, no-obligation consultation, call us at 855-44MILLER or complete this online form.
