Articles Posted in Premises Liability


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A claim of this type would require meticulously gathering of all relevant details about the incident, including witness statements, police reports, past crime data and any available video evidence. Then, I would examine the circumstances leading up to the shooting, the security measures in place, and any negligence or failure on the part of the property owner.

  1. Establishing Liability: To build a strong case, it would be crucial to determine who is legally responsible for the wrongful death. This could involve assessing the property owner’s duty of care to maintain a safe environment, any breaches of that duty, and whether they could have reasonably prevented the shooting. It is also important to determine if the premises was owned by individual(s) or a corporate entity.

Atlanta from North Avenue bridge

Premises liability is an area of law that holds property owners responsible for injuries that occur on their premises. In Georgia, premises liability cases can encompass a wide range of incidents, including instances of sexual assault or rape that occur on someone else’s property. As a Georgia lawyer specializing in personal injury law, I would like to examine the legal aspects and considerations surrounding premises liability in a rape claim in Georgia.

Understanding Premises Liability in Georgia:

Under Georgia law, property owners owe a duty of care to individuals who lawfully enter their premises. This duty requires property owners to maintain reasonably safe conditions, warn visitors of any known dangers, and take appropriate steps to rectify any hazards that could foreseeably cause harm. When these duties are breached, and a visitor sustains injuries, the property owner may be held liable for damages.

Wet Willies is a frozen daiquiri bar and restaurant concept that is franchised throughout the Southeast with 14 locations. The concept is simple: provide frozen alcoholic and non-alcoholic drinks/daiquiris, as well as food, to the public. One such Wet Willies bar is located in Buckhead, the uptown district in Atlanta considered to be one of the major financial and commercial centers in the southeastern United States. This particular Wet Willies location is popular and frequented by young African Americans in Atlanta.

If you have never been to a Wet Willies, it is similar to a Fat Tuesday or a Pineapple Willy’s, where the available frozen drinks are lined up in see through metal tanks in a row behind the bar. Some of these frozen concoctions have catchy monikers that aim to indicate the strength of the alcohol (i.e. grain alcohol) in the drink. Having personally been to such an establishment, it is easy to become unknowingly inebriated from the sweet frozen libations over a short period of time depending upon your consumption.

On August 3, 2013, according to an AJC article, a young woman was at the Buckhead Wet Willies with her sister and perhaps, other friends. An unknown male came up to this woman and attempted to lift her up by her waist several times. However, the woman continuously told the man to stop. At some point, the man was successful in lifting her up. Unfortunately, the man dropped the woman on her head and fell on top on her. Consequently, the woman was unable to move her arms or her legs on the floor. She was transported by an ambulance to Atlanta Medical Center where she was treated for paralysis and other injuries. Three days later, the woman’s sister reported the incident to the Atlanta Police Department and the investigation is ongoing with zero suspects.

The question remains as to what options the innocent victim may have against the assailant and/or the Wet Willies franchise. Simply put, if the man is identified, then the victim may file suit against him for compensation for her bills, injuries, pain and suffering, and perhaps punitive damages under O.C.G.A. 51-12-5.1 (if the facts indicate that the man’s actions showed “…willful misconduct, malice, fraud, wantonness, oppression, or that entire want of care which would raise the presumption of conscious indifference to consequences.”
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