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Seasoned courtroom lawyers.
We’ve handled matters in 30 states, for 30 years.
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Respected
by our peers.
Our firm has the highest possible Martindale-Hubbell peer review rating, an AV®.
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Top Credentials.
Our lawyers hail from
top law schools like
Harvard, Emory, and the
University of Georgia.
They have published three legal treatises, written numerous articles, and given more than 100 legal seminars.
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Premises Liability |
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An Overview
© 2005, Mike Gorby, Esq.
Because of the length of this document, we present it in PDF format. Click here to download the entire 18-page, printable document.
The document introduction appears below.
A review of the recent appellate court decisions in the Premises Liability arena, drives home the concept that whether the case involves a grocery store customer slipping on a grape, or a victim of a crime seeking recovery for injuries sustained by a criminal act at an office park, hotel, or restaurant, the genesis of all these cases arise out of O.C.G.A. §51-3-1:
“Where an owner or occupier of land, by express or implied invitation induces or leads others to come upon his Premise 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 Premise and approaches safe.”
Many times, litigants, and judges, limit or apply this statute only to cases involving “invitees” who are injured on the defendant’s property because of a “defect” i.e., banana peel, faulty balcony railing, rickety steps etc. However, some of the recent cases we are going to review suggest that a Premises Liability theory under the property owner’s statute is appropriate in a medical negligence context, in a mass shooting incident, and in the context of a patron at a movie theatre being unfairly arrested, detained, and prosecuted for a suspected criminal offense. And indeed, since the statute itself contains no restrictive language with respect to its applicability, the statute should be equally applicable to a patient in a hospital as it is to a customer at a retail store.
The recent decisions also show that the essential element for any case involving Premises Liability remains foreseeability by the defendant of the “evil” that causes harm to a plaintiff. Although the evidentiary standard may vary from case to case with respect to the showing of foreseeability, recovery in all Premises Liability cases require the establishment by the plaintiff of foreseeability.
Because of the length of this document, we present it in PDF format. Click here to download the entire 18-page, printable document.
Email Mike Gorby
404-239-1150
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Mike Gorby
represented the
target defendant in
a nationally publicized case in which a gunman killed or wounded 18 people before turning the gun on himself. Mr. Gorby succeeded in obtaining a summary judgment on behalf of his client, a day-trading firm, which was upheld by the Georgia Supreme Court.
Mr. Gorby has also litigated Premises Liability cases on behalf of individuals. He and partner Mary Donne Peters obtained a jury verdict of $1.2 million in Ohio for injuries suffered by a truck driver at a steel company. Here in Georgia, Mr. Gorby and Ms. Peters obtained a $3.4 million jury verdict for a woman who was seriously injured in a dog attack, one of the largest verdicts of its type in the country. Finally, Mr. Gorby obtained a substantial confidential settlement on behalf of an attorney who was falsely arrested at a shopping mall.
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Mike Gorby
Mike Gorby has been practicing law for more than 30 years. He has tried more than 100 cases in a dozen different states around the country. Mr. Gorby literally wrote the book on Premises Liability in Georgia, Premises Liability in Georgia, Harrison Company, 1998. Since 1994, he has chaired the annual Premises Liability Seminar put on by the Institute of Continuing Legal Education in Georgia. Mr. Gorby lectures frequently on legal topics, and is a sought-after mediator and arbitrator.
Mike Gorby represents both plaintiffs and defendants (including long-time clients Marriott and Hilton).
Email Mike Gorby
404-239-1150 |
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