Atlanta Physical Assault Injury Victim Attorney

Employers can be held vicariously liable for the negligent actions of employees acting in the course and scope of employment. This is based on a common law legal doctrine called “respondeat superior” that holds a party liable for his or her agents, codified in O.C.G.A. § 51-2-1 through 51.2-5.1. However, vicarious liability generally cannot be applied in a case of intentional torts, such as an assault or battery.

However, there are other types of employer liability that may apply. Perhaps the two most common are negligent hiring and negligent retention. Both involve employer accountability when the employer knew or should have known of the employee’s propensity to engage in the type of conduct that caused injury. (In an assault and battery case, a good example would be hiring an employee who had a violent criminal record.)

If you were the employee and were assaulted while acting in the course and scope of your employment, you might have a claim for workers’ compensation.

Another type of employer liability for assault or unwanted contact could be a sexual harassment claim. If the person who assaulted you or had inappropriate contact with you was a co-worker, supervisor, or business client, it’s possible that the employer could be held liable. Both federal and state laws protect individuals from sexual harassment, which is defined as behavior that is offensive, unwelcome, and sufficiently severe or pervasive. A plaintiff, in that case, must show that the employer knew or reasonably should have known about the sexual harassment or previous assault and failed to take prompt remedial action.

In some cases, property owners/controllers can be held responsible for criminal attacks that occur on their property – even if they had nothing personally to do with the assault. These third-party actions are a type of premises liability claim, most often for negligent or inadequate security.

Georgia law makes businesses/property owners who invite members of the public onsite responsible for using reasonable care in making the site safe – including from a foreseeable risk of criminal attacks. O.C.G.A. § 51-3-1 explains the duty of a landowner or controller to invitees (those welcomed to the property as a patron or member of the public).  The question in a third-party liability case involving a criminal assault is whether the business or property owner could have foreseen that the crime was likely. This will require your injury lawyer to look at whether this was a random occurrence, or if there was a pattern of criminal activity that could have tipped off the property owner to an ongoing risk for invitees.

Keep in mind again that in most of these cases, if you did not suffer physical injuries or a sexual violation, you might have difficulty collecting damages in these cases. That said, don’t rush to any conclusions about your case viability until you’ve reached out to an experienced Atlanta injury attorney to consider your legal options.

When it comes to personal injury cases, it is possible to collect damages for things like mental anguish or emotional distress – but only if you have also suffered a physical injury. This is because of the Georgia impact rule.

The impact rule holds that a claimant cannot recover damages for emotional distress unless there is a physical impact, the physical impact causes physical injury, and the physical injury causes the alleged mental suffering or distress. There are very few exceptions to this rule. Claimants in civil cases can assert damages for mental/emotional claims, but not if they are physically unharmed. That is why claims predicated on physical assault charges also typically involve battery charges as well.

Note, however, that the criminal case and the civil case will be managed entirely separate from one another. It is not necessary for the criminal case to succeed in order to win your civil claim, or vice versa. In fact, with many civil cases it’s not even the attacker you’re suing, but rather a third-party, such as a property owner that failed to ensure security on site was adequate.

Essentially, the statute of limitations means the amount of time you have from when the criminal act causing a physical assault occurs until when you can no longer file a lawsuit.  Your physical assault case does not have to conclude by the end of the statute, it just has to be filed before.

Under GA Code § 9-3-33, the statute of limitations holds that injured parties in Georgia have just two years to bring their physical assault personal injury claims forward. After those two years, a court will dismiss your claim. Victims should always consult with an attorney to determine how the statute of limitations plays into their case. For victims dealing with insurance companies in their claim, it is important to remember that oftentimes, insurance companies will engage in stalling techniques in order to run out the clock and avoid paying you your just compensation. A skilled personal injury attorney experienced in handling physical assault injury cases will be able to deal with them on your behalf.

There are a number of complex factors that go into the statute of limitations in any individual case, so if you want to pursue a civil claim for your physical assault injury, you are advised to contact a personal injury lawyer experienced in physical assault injury cases to advocate for your compensation.