No one enters a property thinking that they’ll be attacked that day. Unfortunately, attacks do sometimes happen. Maybe someone started a fight with you, robbed you, or assaulted you in some other way.
If someone attacked you on a property, what should you do? You will probably have significant damages from the attack. You’ll have medical bills, emotional trauma, and more. Below, we’ll look at some legal options you might have to recover your costs.
Premises liability claims cover physical attacks on someone’s property. At John Foy & Associates, we have helped countless victims in your situation. To discuss your questions with an experienced lawyer, contact us today. Call (404) 400-4000 or contact us online for a FREE consultation.
Who Is Legally Responsible for an Attack on a Property?
When an attack happens in a public space, more than one person could be responsible. The person who attacked you is mostly at fault. They will be primarily liable for your injuries and other costs. If the attacker was a minor, their parents would be responsible for the damages.
The property owner could also be partially at fault. Here are some questions you should ask:
- Did the property owner do what they should have to protect you from a possible attack?
- Did the property owner properly respond after your attack?
- Were any security measures in place when the attack happened?
- How soon were the police called after the attack? Were they called at all?
- Will the property owner cover any of your damages from the incident?
When you contact a lawyer, they will evaluate each of these points. Depending on the answers, the property owner might owe you compensation. Responsibility is especially likely if the attack happened on private property.
What About an Attack on Public Property?
Examples of public property include:
- Public buildings
Government entities own and manage public spaces, so attacks on public property are more complicated. The government might be liable in rare situations. Most of the time, you have to show that the government:
- Knew or should have known that your attack could happen
- Failed to take action to prevent the attack
If your attack was on public property, talk to a premises liability lawyer. Your lawyer can ensure you know your legal options.
How Can I Build a Claim Against a Property Owner?
Certain conditions must exist for a valid premises liability claim. You must be able to show that:
- The property owner was negligent.
- Their negligence contributed to your attack.
Negligence means someone failed to exercise reasonable care. Property owners must ensure their premises are safe for visitors (Georgia Code Section 51-3-1). If a property owner fails in that duty, they have been negligent.
Sometimes, a property owner will have no way of preventing an attack. Other times, the attack might happen due to a lack of care. Here’s an example:
- A local mall has unnaturally high rates of crime. The high crime rates are a known fact in the area.
- Knowing the risk, the mall’s property owner should have safety measures. Those measures could include security cameras and guards.
- If the property owner does not secure safety measures, they could be liable for an attack.
As you might see, determining liability is not always easy. It’s best to discuss your options with an experienced lawyer. To get a FREE consultation with one of our premises liability lawyers today, call (404) 400-4000 or contact us online.
If the property owner is responsible, you can file an injury claim against them. Your claim will seek compensation for your medical costs, pain and suffering, and more.
What Should I Do After Being Attacked on a Property?
After an attack, you should first call the police. Officers should create an official report on the attack. This report is crucial for your claim. Tell the police what happened, including anything you remember about the attacker.
Also, get medical attention immediately. You might have injuries that worsen quickly. Getting treatment is also vital for your claim. Save all medical bills and records as proof of your damages.
If you can, take some pictures of the scene. If specific security measures are missing or not working, photos can help show that. You can also photograph your injuries and the area where the attack happened.
Talk to a Premises Liability Lawyer Today
Schedule a consultation with an experienced premises liability lawyer. A lawyer can help you understand your rights and options. Otherwise, it can be hard to know where to start.
Am I Allowed to Use Self-Defense If Attacked?
Citizens are usually allowed to defend themselves when someone tries to harm them. Typically, the “force” of your self-defense must be equal to the threat level. For example, using deadly force would make sense if you fear the attacker might kill you.
Georgia is one of the states with “stand your ground” laws. Under these laws, the victim does not have to back down or retreat from the attack. You would have a legal right to use force against your attacker. Georgia’s laws dictate that a person can use force against an attacker if they believe the force is necessary.
There is always a risk of being counter-sued. However, the attacker is less likely to retaliate if the laws allow for self-defense. To be sure, talk to a lawyer immediately about your situation.
Talk to a Premises Liability Lawyer for Free Today
At John Foy & Associates, we have been working premises liability cases for over 20 years. Our experienced and compassionate lawyers are here to help you. While you recover from your attack, we’ll handle the legal side of things.
Contact us today for a FREE, no-risk consultation. There will be no charge to you unless we win your case. Call (404) 400-4000, or contact us online to get started for FREE today.