A recent case result caught my eye. It was an incident occurring at a theme park in Georgia and involved a situation where 3 young men who had been at the park earlier in the day were waiting for a bus- while still on park property- and were assaulted and beaten severely by park employees who had just ended their shift.
Plaintiff- one of the 3 victims- alleged that the assailants were local gang members; that park personnel knew that; that there was gang-related graffiti in the employee’s locker room; and that the employees had threatened other patrons in the park that same day. These facts allowed plaintiff to argue that the park tolerated a culture of violence and employee gang participation at the park- all to the extreme detriment of innocent persons visiting that theme park. After trial, the jury awarded a huge amount for the injured plaintiff.
This is just one more example of the way in which a case can be developed in a premises liability claim. If an employer knows, or should have known, that its employees have a history of violence and/or dangerous propensities, their intentional torts may be imputed to their employer, even if they are technically not “on the job” at the time of the intentional act.
We are very experienced here at Harris & Associates in the prosecution and defense of premises liability claims and are happy to assist you with your legal needs.