Georgia Homeowners Responsibility with Pool Safety

attractive nuisance responsibility pool

Escaping the Georgia heat in a nice cool swimming pool is a great way to spend the afternoon during the summer months. But if you own a pool, you should be aware of your responsibilities to others with regards to pool safety to avoid liability.

So what responsibility do homeowners have to others when it comes to pool safety? Well, homeowners owe a dutyto those that they invite onto their property to keep the property reasonably safe. Therefore, if you own a pool and you have people or children over, you have a duty to keep the pool area safe and to try to help them if something goes wrong.

What many pool owners don’t realize is that they also have duties to other people that they haven’t invited over. While it is true that homeowners generally have no duty to keep a premise safe for trespassers, there is a major exception to this general rule when it comes to children that pool owners need to keep in mind this summer: the attractive nuisance doctrine.

THE ATTRACTIVE NUISANCE DOCTRINE IN GEORGIA

Under Georgia’s attractive nuisance doctrine, landowners do have a duty to prevent trespassing children from coming onto their land and being harmed by an “attractive nuisance.” An attractive nuisance is something that landowners should reasonably expect to attract children onto the land and that is dangerous. All Georgia courts are in agreement that a swimming pool is an example of an attractive nuisance.

This doctrine exists because courts have recognized that children simply don’t understand why they shouldn’t trespass onto land, and they often don’t appreciate the risk involved with attractive nuisances like swimming pools. Because of these factors, pool owners have a duty to take reasonable steps to ensure that children cannot trespass onto their land and be harmed by or in their pool.

Taking reasonable steps means limiting accessibility to the pool in a reasonable way. For instance, if a pool owner completely fences their yard and the gate is locked, they will not usually be liable for any harm that happens. Conversely, if a pool is unguarded or a gate is left open, liability could attach under this doctrine.

LIMITING ACCESSIBILITY TO POOLS CAN SAVE LIVES

According to the CDC, nearly 800 children under the age of 14 die and another 4000 are harmed in drowning incidences in the United States. According to the CDC statistics, most drowning deaths of young children occur in home swimming pools. For pool owners, the CDC recommends installing a pool fence “that completely separates the pool area from the house and yard.” The CDC also stipulates that “the fence should be at least 4 feet high,” and instructs homeowners to “use self-closing and self-latching gates that open outward with latches that are out of reach of children.”

CONTACT Williams Elleby Howard & Easter, FOR MORE INFORMATION

The attorneys at Williams Elleby Howard & Easter are well versed in personal injury and premises liability law. Williams Elleby Howard & Easter serves clients in Acworth and throughout Georgia. If you would like more information about this issue, contact Williams Elleby Howard & Easter, at 833-LEGALGA.

Four Basic Safety Tips for Summertime Activities in Cobb County

summer activities safety tips

Four Basic Safety Tips for Summertime Activities in Cobb County

There are plenty of fun, outdoor summertime activities. However, these activities come with inherent safety risks. It is important to be aware of these risks and limit your chances of suffering from a personal injury or worse. Here are four things you can do to keep yourself and your children safe this summer:

1. Stay Hydrated

When the weather gets hot, one of the most important things to do is to drink enough water. It sounds simple enough, but people often forget how important hydration is. Not only is being dehydrated bad for your health in a number of ways, but it can make accidents more likely. Dehydration can make a person lightheaded, tired, and mentally fatigued. That isn’t how you want to feel, especially if you are doing a physical activity outside that requires you to stay alert. Stay on the safe side and make sure you drink plenty of water this summer.

2. Prioritize Safety Around Water

Unfortunately, each year hundreds of people drown or require hospitalization from nearly drowning in Georgia. Practicing good safety when doing water activities, like swimming or boating, is extremely important. Some basic things to remember are to wear life vests, not to mix excessive alcohol with water activities, to be completely familiar with a body of water before diving into it, and to fully understand how to operate a boat before taking it out on the water. It can be easy when you are having fun to forget some of these things, but they are important. The Georgia Department of Natural Resources has published several helpful videos that discuss boating and water safety.

3. Check Conditions Outside and in Public Areas Before Enjoying Yourself

If you are going camping, to the beach, or enjoying time in a park, don’t assume that conditions will be safe. Take time to inspect things. Debris, trash, and natural conditions can all create potential pitfalls outside. Check park play equipment to  sure it is safe before allowing your children to use it. According to the CDC, “Each year in the United States, emergency departments treat more than 200,000 children ages 14 and younger for playground-related injuries.” Many of these injuries are due to equipment defects or other unsafe conditions. The owners of a playground – whether they are a public entity or private company – have a duty under Georgia premises liability law to keep the playground safe for the kids who use it.

4. Make Sure Your Kids Follow Safety Rules

Your kids should have some safety rules to follow when playing outside. They should understand which areas are off-limits and which areas are safe. Warn children about the dangers of going near busy streets or open bodies of water and be sure to have a conversation about the potential risks of unsafe behavior.

Contact Williams Elleby Howard & Easter, for More Information

If you would like more information about summertime safety, or if you or your child has had an accident and you think you may have a personal injury case, call Williams Elleby Howard & Easter at 833-LEGALGA.

Negligent Security at Sports Venues

negligent security sports venues

Negligent Security at Sports Venues

On April 14th, 2017, the Atlanta Braves beat the San Diego Padres in their season home opener at the brand new SunTrust Park in Cobb County. Just three days later, the Atlanta Journal-Constitution reported that the first arrest had been made at new Braves stadium. The culprit was arrested for trespassing, obstructing a law enforcement officer, public intoxication, and assault.

Unfortunately, such behavior is not uncommon at sporting events. The alcohol, adrenaline, and passion that can make the events more fun also present the risk of helping escalate a situation to violence. Violent crimes and even deaths have occurred at sports venues. In one tragic case, a 22 year old Phillies baseball fan was beaten to death in the parking lot of the Citizens Bank Park in Philadelphia in the culmination of a fight that began over spilled beer.

Not only will fans occasionally get out of control, but some criminals also target large sporting events. The huge numbers of people available to victimize and the anonymity provided by large crowds make sporting events a tempting location for thieves. Keeping yourself and your property safe at sports venues is important. While you have a duty to look out for yourself, sports venues also have a duty to prevent crime from occurring in the first place.

The Legal Duty of Sports Venues to the Attending Fans

The duty of a sports venue to provide proper security for fans stems from premises liability law. In Georgia, the general premises liability rule is found in Georgia Code 51-3-1, which holds that “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Thus, a sports venue has a duty to prevent foreseeable harm to the attendants. Georgia case law has clarified that this duty includes taking reasonable steps to keep invitees safe from the criminal acts of third parties. As Georgia courts have put it, property owners are “bound to anticipate and provide against what usually happens and what is likely to happen.” Because acts of violence and theft are common at sporting events, sports venues have a duty to provide security to prevent such actions. But, importantly, a plaintiff will not be successful with the claim if the particular crime was unforeseeable.

A sports venue also has a duty properly hire security guards. The guards or company that the sports venue contracts with to provide security must be competent to do the job. A sports venue is liable under a theory of negligent hiring if it knew or should have known the security hired was not suited for the job.

What to do if You’ve Been a Victim of Crime at a Sports Venue

If you have been the victim of a crime at a sports venue, you should contact an experienced attorney to investigate your case. The sports venue may owe you compensation. If you would like more information about this issue or would like to discuss your case, contact Williams Elleby Howard & Easter, at (409) 389-1035 today to schedule a free consultation.

I Slipped and Fell in a Store in Kennesaw, Georgia – Is It My Fault or Theirs?

slip fall store

I Slipped and Fell in a Store in Kennesaw, Georgia – Is It My Fault or Theirs?

Store owners have a duty to keep their store premises safe by taking reasonable steps to ensure that customers and others invited onto the property are not harmed. This duty is defined by O.C.G.A. § 51-3-1, which states that store owners must “exercise ordinary care in keeping the premises and approaches safe.” Notably, this duty extends to the “approaches” to the premises, which would include places like adjacent sidewalks and the store parking lot.

Therefore, if you’ve fallen in or just outside of a store, it may be the store’s fault, and you may be entitled to compensation. This is true if you were a customer or anyone else who could still be considered an invitee. If you were an employee of the store, however, your exclusive remedy would most likely be through workers compensation.

Did the Store Breach Its Duty?

Whether a slip-and-fall lawsuit is successful usually depends on whether the store breached their duty. This can be a surprisingly complicated and contentious question to answer. An experienced personal injury attorney will be able to investigate these key pieces of evidence necessary to prove that a store breached its duty:

  • Was the condition that caused the fall a “hazardous condition” under the meaning of the law? In some cases the most contentious issue is whether a condition was a “hazardous condition” in the first place. A plaintiff must prove what hazard caused he to fall in order to recover.
  • Did the store have “superior knowledge” of the hazard? It must be proven that the store knew – or should have known – about the hazard. This can usually be proven based on eyewitness accounts, how likely the hazard was, and how long it existed before the accident. It must also be shown that the plaintiff didn’t know of the hazard. Hence, the store must have had “superior knowledge.” Collecting the evidence needed to prove this element of the claim should be done as soon as possible after an accident, so if you have slipped and fallen in a store, don’t hesitate to contact an attorney to begin an investigation.
  • Was the slip and fall victim careless? Were the plaintiff’s eyes glued to their phone, or were they extremely inebriated when they walked into the hazard? They might bear some fault too. In these cases, under Georgia’s comparative fault law, the plaintiff’s damages would be reduced according to their percentage of fault.

If You’ve Taken a Fall in a Store, Have the Personal Injury Attorneys at Williams Elleby Howard & Easter Investigate Your Case

If you’ve been injured in a slip-and-fall accident while shopping in a store, it is imperative that you understand your rights. If you fell due to a hazard that the store should have cleaned up, fixed, or warned you about, then you are entitled to compensation. Sometimes this is difficult to determine and prove. An experienced personal injury attorney can help. If you have been injured and would like to discuss your case, contact Williams Elleby Howard & Easter, online or call at (409) 389-1035 today to schedule a free consultation.

What Is Negligent Security?

The back of a woman with short brown hair, standing inside a store, holding both hands up, with a man facing her, wearing a black mask, pointing a gun at her.

What Is Negligent Security?

Business owners have an obligation to keep their customers and visitors safe. This duty extends to keeping the floors clean and dry, so you do not trip and fall and maintaining walkways and guardrails.

What many people do not realize, however, is that the duty to keep customers and visitors safe can also extend to keeping you safe against the actions of other people. That means that if you are robbed, assaulted, or otherwise harmed on someone else’s property, you may have a claim for negligent security against the property owner.

Duty to Provide Security

A property owner who invites guests onto his or her property has a responsibility to provide guests with basic security. This includes simple preventative measures to prevent crime. While not all crime can ever be completely prevented, business owners are obligated to make an effort to deter crime. Common items associated with preventing crime include:

  • Installing lights in parking lots or other open locations
  • Using security cameras
  • Silent alarm access for employees
  • A sign that indicates limited amounts of cash in the register
  • Limiting access with key cards or guards

The duty to provide sufficient security is often associated with the knowledge that similar incidents have previously occurred, or a business is located in a higher crime area. In those cases, the business owners may be required to take extra steps to increase security because of the relative amount of crime in the geographical location.

Proving Negligent Security

A successful negligent security case obviously involves proving negligence. The standard for negligence is that the person or entity at fault did not act reasonably in a particular situation.

The business must take reasonable measures to protect its visitors or guests. In areas that have higher crime rates, having increased protections are reasonable. In other regions, basic protections may be enough.

In some cases, however, the property owner takes no action to keep their property safe. This is particularly true for some apartment complexes. These cases are especially egregious and often result in successful negligent security claims.

Every successful negligent security claim must prove the following four items:

  1. The defendant property owner has a duty to ensure the safety of guests or visitors. This requirement is generally easy to meet because this is true of virtually every property owner. In some situations, a property owner will hire this type of service out; however, that usually does not affect the fact that it is still their duty.
  2. The second thing that you must show is that the obligation to provide security was somehow breached. It could be that a vital aspect of the security was missing or that something or someone was not doing a job properly.
  3. The breach of the duty ultimately must have caused your injuries or damages. This is typically proven by showing that the failure to act reasonably created an environment where the criminal assailant felt comfortable committing a crime.
  4. You must have suffered actual injuries. You must show that you were physically or mentally injured because of the failure to provide proper security measures.

In Georgia, juries may apportion a percentage of fault to the criminal.  This means that a jury could find the property owners 50% at fault and the criminal 50% at fault.  This normally means that you will recover 50% of your total damages because most criminals do not have the financial resources to satisfy a substantial judgment.

Negligent security claims are far more common than most people realize. If you feel that you may have a claim after an assault, robbery, or other third-party action, contact Williams Elleby Howard & Easter at 833-LEGALGA today to set up an appointment.

Slip and Fall Accidents

A man in a black business suit falling down stairs dropping a brown leather suitcase and a black cell phone.

There are millions of slip and fall accidents each year. Many of these incidents involve customers or clients falling while in a commercial business. For these cases, an important legal question arises: who is responsible for any resulting personal injury, the customer or the business?

The answer is—it depends. Businesses have a duty to keep their premises safe, but this doesn’t mean all instances of slipping and falling are the businesses fault. Under Georgia’s premises liability law, certain requirements must be met for slip and fall claims to be viable against businesses.

Georgia Premises Liability Law

Customers or clients of a business are classified as “invitees” under Georgia law. This means that, because the landowner has invited them to come onto the property, the business has an affirmative duty to ensure that its property is safe for its customers.

Store owners thus have a duty to protect their customers from foreseeable harm by taking reasonable steps to clean up any hazards in their store. Typical hazards include spilled drinks or food, knocked over merchandise, uneven surfaces, or damaged handrails or flooring. When a person slips and falls in a store due to hazardous conditions, they can bring a claim against the store owner. To win premises liability cases, a plaintiff must prove the following elements:

  • A hazard posing an unreasonable risk of injury existed;
  • The store had actual or constructive knowledge of the hazard;
  • The store failed to take reasonable steps to either eliminate the hazard or warn people of the danger, and
  • The hazardous condition caused the victim’s harm.

The “Hazardous” Condition Requirement

Merely proving that some condition in the store caused the injury isn’t enough; a plaintiff must show that that condition presented an “unreasonable risk of injury.” Gibson v. Symbion, Inc., 277 Ga. App. 721 (2006).

Proving Knowledge of the Risk

Actual knowledge of a hazard exists if a store created the hazard itself or was notified of the specific hazard in question. Proving actual knowledge is usually straightforward, but even if actual knowledge can’t be proven, it doesn’t mean that a slip and fall victim has no case. This element can also be established by proving that the store owner had constructive knowledge.

Constructive knowledge exists if a store should have been aware of a risk, even if it didn’t actually know about it. Constructive knowledge is proven by circumstantial evidence, such as how long a hazard had been present before the injury took place, what the store’s inspection procedures were prior to the accident, and how frequently the particular hazard occurs.

Proving that the Business Didn’t Exercise Reasonable Care

A plaintiff must also prove that the store didn’t take reasonable steps to prevent the harm. Reasonable care could include eliminating the hazard, or sufficiently warning customers about it.

Defenses to a Slip and Fall Claim

Even if all of the above elements are met, a plaintiff could still lose a slip and fall claim. If a plaintiff was fully aware of the risk before walking into or over the hazard, they may not be able to gain compensation from the store because they will have assumed the risk of harm. Similarly, if a plaintiff was contributorily negligent in causing their own harm, damages are more difficult to recover.

Contact Attorney Joel Williams if You Have Suffered a Slip and Fall Accident

If you have been injured in a slip and fall accident inside of a business’ premises, it is important to have an experienced premises liability lawyer investigate your potential case. If you would like more information about this issue or would like to schedule a free consultation, please call us at 833-LEGALGA.

Vacationer and Young Son Suffer Serious Burns on Alpine Slide

A hillside covered in short green grass with taller grass and a few trees in the background and two grey parallel slides curving down the hillside.
While on vacation in Utah, a Texas man and his son suffered serious burns on an alpine slide on the premises of Olympic Legacy Park. Their injuries resulted in months of recovery and amassed a staggering amount in hospital bills.

Third-Degree Burns Suffered While at Amusement Park

The Edwards family, from Texas, took a family vacation to the Park City, Utah area over the July 4th holiday weekend. The trip included scenic tours of the area most well known for hosting the Sundance Film Festival, but also for its ski slopes that the U.S. Ski Team calls home. Among the stops on the vacation was the Alpine Slide in Park City. The slide is a metal luge-like track that runs down the side of one of the many hills in the area. More than 3,000 feet long, the slide is one of the longest in the world and is enjoyed by countless tourists who come through the area. Tourists can ride down the track while sitting on sleds that reach considerable speeds, all while providing a pristine view of the surrounding mountains. During the Edwards’ family visit, the sun beat down on the metallic tracks for hours, and the weather hovered in the low 80s. Mr. Edwards rode tandem with his 4-year-old son on one of the sleds but the sled tipped over during the ride, leaving them stranded in the middle of the mountain. Additionally, the spill made both riders come into contact with the track, which was hot enough to burn both of their backsides. In an attempt to get moving before another rider ran into them, Mr. Edwards righted the sled and grabbed the sides of the track to try getting enough momentum to start up again. It was only after this did not work that Mr. Edwards noticed that his hands and backside were severely burned and that his son had burns on his back, as well. While his 4-year-old son was treated by emergency personnel that responded to the scene, Mr. Edwards required an extensive hospital stay, a skin graft, and multiple months of recovery time that prevented him from working.

Premises Liability Laws Should Discourage this from Happening

Property owners, like the person or company that runs the Alpine Slide, in Utah, are legally responsible for keeping their premises reasonably safe for those who pay to use it. People who pay to enjoy something, like a slide, should not have to worry about whether the attraction is unsafe, or that they could get seriously hurt for doing something completely reasonable.

Find Helpful Hints and Guides for a Safe Vacation

Of course, it is impossible to anticipate every danger that we may face as we embark on a vacation. But, there are a few steps we can take to minimize the risk of injury to ourselves and our families. Start by planning ahead. For example, a trip to South Florida will require sunscreen (make sure it has not expired) and bug spray. A snow skiing trip will also require sunscreen, properly fitting ski gear, and lessons for novice skiers. Perhaps you are more adventurous and are planning an RV adventure in the Alps. If so, you can find plenty of recreational and safety tips in The Ultimate Guide to an RV Adventure in the Alps. Ultimately, the best we can do is plan ahead for safety. Once we take as many safety precautions as possible, we have to rely on hotels, parks, and other establishments to do their due diligence in making their property is safe for our arrival.

Williams Elleby Howard & Easter, Premises Liability Attorneys in the State of Georgia

Dangerous conditions like the ones that the Edwards family confronted while on their Utah vacation happen all the time, causing serious injuries to innocent and unsuspecting individuals. When something similar happens in the State of Georgia, it is important to hire a personal injury attorney like Joel Williams or Chase Elleby who understand how Georgia premises liability law works. Learn more about Williams Elleby Howard & Easter at www.gatrialattorney.com. You can also call 833-LEGALGA (833-534-2542) to schedule a free consultation with a member of the Williams Elleby Howard & Easter legal team.

Negligent Security Case Ends After Over a Decade in Florida Courts

A man wearing a white t-shirt, sitting on a gray couch in a dimly lit room with closed currents in the background being held up at gun point by two individuals disguised in all black.

A case involving the negligent security of an apartment complex in Florida has finally come to a conclusion after over a decade of winding through that state’s courts. The estates of those killed in the events leading up to the case are expected to receive a significant recovery in the wrongful death victory.

Apartment Complex Fails to Protect Residents

The case stemmed from a classic example of lax security at an apartment complex.

20-year-old Clara Sanders and her 17-year-old brother Chauncey Sanders moved into the gated apartment complex Gatehouse on the Green in late 2004. The complex was surrounded by a water-filled moat and a wall to protect residents inside. Inside the gated community, the complex maintained the lighting, locks, and peepholes of the apartments, as well as the apartments’ alarm systems.

Nearly a year after moving in, on September 7, 2005, the siblings were shot to death by an unknown assailant, who subsequently robbed their apartment. The gate that was supposed to protect the complex – and which the complex was expected to maintain – had been broken for around two months before the murders, allowing anyone to enter the area. Additionally, contrary to the complex’s written policy, residents were not kept informed of a rash of robberies and break-ins that had occurred over the previous three years inside the complex.

Lawsuit Ends With Negligent Security Win

Following the deaths of the Sanders siblings, the representatives of their estates filed wrongful death lawsuits against the complex, claiming that it was the complex that was responsible for their murders due to its negligent security.

Specifically, the lawsuit claimed that the complex failed to maintain the front gate, did not have adequate security to protect residents, did not prevent dangerous people from gaining access to the complex, and failed to adequately warn residents of the criminal acts that had been occurring, preventing residents from taking their own initiatives to keep themselves safe.

The negligent security case went to trial, where the jury awarded $1.8 million award to the Sanders siblings. The Florida appellate court, however, struck the jury award after considering the case, but the Sanders siblings took it to the Florida Supreme Court, which overturned the intermediate appellate court, reinstated the jury verdict, and sent the case back down to the appeals court. After a few more hearings to decide if it should reconsider the case, the appeals court finally issued an order to bring the case to a close.

Negligent Security Attorney in Cobb County

The case presented a classic negligent security situation, where an apartment complex assured its residents that it would do all that it could to prevent dangerous conduct, and then promptly forgot about its promises, leading to someone getting killed. Unfortunately, these kinds of situations happen all the time in Georgia, with countless people suffering as a result.

If you have been let down by your landlord’s promises to keep your apartment secure, contact the premises liability attorney at Williams Elleby Howard & Easter to get the legal representation that you need.

Large Verdict Awarded to Woman Who Fell in Dollar Store

An older woman in a hospital bed with a blue blanket covering her legs, the head of the bed is at a 45 degree angle and the woman is looking at her female doctor standing beside her bed.

A 60-year-old woman who slipped and fell while shopping in a Dollar General Store in Alabama was recently awarded a $1.725 million verdict after a trial. Unfortunately, she still remains severely injured from her fall, and has not achieved the full recovery that she was hoping for.

Senior Citizen Slips and Falls in Dollar Store

The incident occurred on July 9, 2012, in the Dollar General Store in Mobile, Alabama. Deborah Revette, then 60, was casually shopping in the store when she slipped and fell in a clear puddle of liquid laundry detergent on the floor of the chemical cleaners aisle. Her fall was a terrible one – she severely broke her leg and fractured her shoulder. Over the course of the next few years, she underwent eight surgeries and no fewer than 395 doctor’s visits. All told, she spent over $470,000 in medical bills. However, despite the medical attention and effort, Ms. Revette remained permanently disabled from her injuries.

Poor Safety Inspections to Blame

Over the course of the trial, it came to light that Dollar General Stores, despite being open for 14 hours every day, only require employees to spend 10 minutes conducting safety inspections. These inspections include looking for and cleaning up dangerous conditions in the aisles, like fallen merchandise that can trip people, liquid spills that can make people slip or slide and fall, like Ms. Revette.

Preventing these conditions from happening should be a priority for stores that are open to the public, and which create business by inviting people inside to buy things. No shopper should have to worry about hazards on the floor while looking where marketers want them to look – at the shelves.

Premises Liability Law Protects Shoppers

This is why premises liability law exists. By allowing injured people to sue the stores where they slipped and fell, and by holding those stores accountable for not taking necessary precautions to keep their patrons safe, premises liability lawsuits pressure businesses to keeping their patrons safe.

Dollar General, by choosing not to require its employees to keep the store safe from these hazards – therefore allowing them to hire fewer workers and save money – put its patrons into harm’s way. Unfortunately for Ms. Revette, that choice led to her fall in the store in Mobile, Alabama, which resulted in her severe injuries.

Georgia Personal Injury Attorney

If you fall and get hurt while in someone else’s store, it is often the case that the store’s policies or layout had something to do with the incident. Whether the workers failed to clean something up in an appropriate amount of time, or whether the design of the store contributed to the injury, you should be compensated for what was not your fault.

That is where Williams Elleby Howard & Easter comes into play.  Cobb County attorney Joel Williams understands all of the ways that businesses can contribute to an unfortunate accident in their store. Contact Joel at 833-LEGALGA if you are interested in your legal options and want  to talk to an attorney.

Bystanders Hurt at Concert Sue Venue for Negligent Security

A crowd of people with their arms in the air shown in silhouette against a white foggy, blurred stage with a lead singer standing in the middle of the stage.

A lawsuit has been filed against a popular music venue in New York City for negligent security after several bystanders were injured in the rush to escape a gunfight that left one person dead and three others injured, including a well known rapper.

Gunfight Breaks Out Before T.I. Concert

The incident occurred at the T.I. concert on May 25, 2016, in Manhattan, New York, at the Irving Plaza concert venue. Before the show began, an altercation broke out backstage between local Brooklyn rapper Troy Ave and his entourage, and several others. Unfortunately, the fight escalated until guns were pulled out and shots were fired. Multiple people were hit, one fatally, before the firefight went beyond the green room and into the venue’s hallways.

Stampede to Get Away Injures More

While the gunfight was going on inside the venue, the sounds of shots being fired caused alarm outside.  When people rushed out of the building to get away, the alarm turned into panic. The stampede to get away from the scene only resulted in more injuries: Two people were trampled during the exodus, and suffered significant injuries.

Trampled Concertgoers Sue Venue for Negligent Security

Now, those two concertgoers have sued the venue, as well as the venue’s owner, a company called Live Nation, for their injuries. Their claim is based on the idea of negligent security, which holds property owners accountable for failing to keep their premises safe.

The core piece of the lawsuit filed by the injured bystanders is that Live Nation and its Irving Plaza venue could have taken reasonable steps to prevent guns from entering the building, and that their unwillingness to take these steps resulted in the gunfight, hurried exodus from the building, and their injuries.

Negligent security cases are a big part of premises liability law. Premises liability focuses on the duty of a property owner to take reasonable measures to fix hazardous conditions on the property, or to warn people about what to look out for so they do not get hurt. Negligent security deals with the responsibility of the property owner – often apartment complexes or hotels, but also concert venues or even restaurants – to take reasonable precautions to ensure that their patrons are kept safe while they are on the property.

Cobb County Attorney Joel Williams Handles Negligent Security Cases

If you or someone you love has been injured while on someone else’s property because of the actions of a third party, you might be able to get compensation for your injuries from the property owner or manager. This can be especially valuable if the person who hurt you cannot be found, or does not have the means to give you the compensation that you deserve.

Contact Williams Elleby Howard & Easter today to talk about your case and explore your legal options if you have been injured by someone else and you think the property owner could have taken steps to prevent it from happening.