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Attorney Brittany Schwanitz Secures Win for Client in Premises Liability Case

Our client, Mr. Colvin, was brutally attacked by a third party while he was an invitee at Metro Family Fun Center. He filed a complaint against the company because it was aware of previous criminal activity on its premises. However, the company failed to warn him of the danger of criminal activity or provide adequate security to protect him from the harm that resulted in serious injuries.

During discovery, Mr. Colvin learned that his vicious assault was not an isolated incident on the premises. Mr. Colvin sought evidence of Other Similar Incidents on Metro Family Fun Center’s property. However, the Defendant refused to respond to these requests after using meritless objections contrary to Georgia law. Mr. Colvin then filed a Motion to Compel. He argued that the information and documents he sought were, in fact, discoverable.

After considering our Motion to Compel and reviewing all of the evidence presented, the court found that not only did our discovery requests fall within the scope of admissible evidence, but that we – as Plaintiff’s counsel – also demonstrated a good faith effort to resolve the discovery dispute.

The court continued, finding that Metro Family Fun Center had ample time to fully answer and supplement their responses to our discovery requests. The Court ordered the Defendant to respond fully and completely within 20 days, without objection. The Defendant must also provide responses to include all violent acts and/or altercations on the entire premises within the five years preceding Mr. Colvin’s brutal assault. Thus, our Motion to Compel was granted.

Georgia Premises Liability Law

When a crime occurs because of a property owner’s negligence, they can be held accountable for the resulting injuries and losses. The victim of a crime in Georgia can file a premises liability claim for compensation for their medical expenses, lost wages, and emotional distress.

According to Georgia law, a property owner’s liability depends on why a victim was on the property. There are three types of visitors:

  • Invitees – Invitees are invited to a property for a mutual or commercial benefit, such as a customer. Property owners and managers must keep the premises reasonably safe for invitees. This includes resolving any dangers, including security issues, slippery floors, or broken stairs.
  • Licensees – Someone legally on the property for their own interests, such as a friend, is a licensee. A property owner must warn licensees about hidden hazards that could harm them.
  • Trespassers – A trespasser has no legal right to be on the property. For these visitors, property owners are only liable if they intentionally harm the trespasser.

Contact a Georgia Premises Liability Lawyer

If you were injured in an incident caused by a property owner’s negligence, the team at Kevin A. Adamson, P.C. can help you pursue compensation for your losses. Premises liability law in Georgia can be complicated. But our lawyers have the experience and resources to get you through the process. To learn more, contact us today for a free consultation with one of our Georgia premises liability lawyers.