"Expanded Liability for Criminal Acts of Third Persons in Georgia and Nationwide"

Kori Wagner and Marissa Merrill authored an article for the DRI In-House Defense Quarterly in which they discuss how the Georgia Supreme Court's recent ruling has significantly altered the scope of liability for business owners, property occupiers and security contractors in negligent security premises liability cases. Instead of needing evidence of a substantially similar prior crime, courts will now use a “totality of the circumstances” test to determine if third-party criminal acts were reasonably foreseeable.

“Reasonable foreseeability of a third-party criminal act can be established by evidence of substantially similar crimes, the location as a high crime area, and the proprietor’s knowledge of a ‘volatile situation brewing on the premises,’” Wagner and Merrill explain. This shift is likely to have major implications for Georgia businesses, particularly those in high-crime areas, as plaintiffs will find it easier to present various forms of evidence to establish liability. This article compares this new standard to those in other states, providing clarity on its impact and potential challenges for Georgia businesses.

Click here to view the full article.