I have heard in the news lately about people being attacked and injured in the Edgewood Retail District, Phipps Plaza and on the Silver Comet Trail. Can the victims file civil lawsuits to recover money?

These are such tragic events, and my heart goes out to the victims and their families. With regard to Edgewood and Phipps attacks, the answer is yes, if the owners and managers acted negligently. The owners and managers of the properties owe patrons a duty to provide a safe environment for people to walk from their vehicles to the stores. The lawyers for the victims will assert a claim for premises liability which means that the premises owners and managers acted negligently. Some examples are failing to have enough security, failing to train security appropriately or failing to have adequate lighting. Defense lawyers will claim the attacks were committed by criminals and they do not owe a duty to insure the safety of the victims. These cases often hinge on experts to show that the owner or management company allowed a dangerous condition to exist that caused the injuries to the victims.

The Silver Comet Trail attack, while equally appalling, may not be actionable. If the area where the woman was attacked was not privately owned, like Phipps and Edgewood, but is owned by a government entity (city, county, or state) or patrolled by police hired by a government entity then they may be immune to being sued.

The foregoing answer is not legal advise and is merely a general overview. You are advised to consult a lawyer to address your specific situation. For more information about Stephen D. Apolinsky and the Law Firm of Apolinsky & Associates, LLC, visit our website: www.aa-legal.com or write Steve at steve@aa-legal.com.

Add your comment