The perpetrator of the assault against you would be primarily liable for assault and battery charges, in most cases. If a third party did something negligent that caused or contributed to the incident, you might be able to sue that person as well.
Also, if the carelessness of the owner of the property where the assault and battery took place caused or contributed to the attack, you might also be able to sue the owner for your losses.
Suing the Individual Who Attacked You
You can sue the person who hurt you for damages for assault and battery because these actions can be both crimes and torts. A tort is a civil wrong for which you can take someone to court and seek financial compensation.
Georgia law allows you to sue the perpetrator for assault if that person:
- Tried to hurt you through a violent act.
- Committed a violent act that put you in reasonable fear of immediate harm.
If someone hurt you or tried to hurt you through a violent act, you can sue that person in civil court for assault and seek financial damages.
You can sue the perpetrator in civil court for the tort of battery if that person:
- Tries to hurt you through violence and makes harmful contact with you in the process.
- Makes intentional physical contact with you in a manner that is harmful, unwanted, or offensive.
For example, you faced retribution from your partner’s possessive former girlfriend or boyfriend in the form of aggressive and physically threatening confrontation, this act could constitute an assault. If this person physically punches, they could face battery charges. You might be able to sue the defendant for financial compensation for your losses. Be aware that the attacker can still face criminal charges if you sue for financial damages in civil court.
What We Have to Prove to Hold a Third Party Liable for Your Assault
Sometimes you can sue the owner of the property where the assault occurred under the legal theory of negligent security. The third party can be liable if his carelessness caused or contributed to the harm you suffered.
We have to prove all four of these elements to hold a landowner responsible for your losses:
- The property owner owed the victim a duty of care. Landowners have a responsibility to take reasonable measures to protect visitors who are legally present on the property and its approaches (sidewalks and entry areas).
- The defendant owner failed in its duty. The owner of a convenience store knew that, on multiple occasions, people had robbed the store’s customers as they walked from their cars into the store. The owner did not install security cameras, ask for increased police presence, post warnings for customers, or hire a security company to patrol the outside of the store. This failure to act was negligence.
- The negligent security caused harm to the victim. A customer was assaulted and injured by the robber when trying to enter the store. The owner’s failure to respond to the known threat to customers caused harm to the victim.
- Adequate security would have prevented the crime. The robbery was foreseeable, and adequate security would have prevented the incident. The store owner can be liable to the crime victim for negligent security.
A business owner has a responsibility to keep its customers safe from foreseeable crime.
How to Get Legal Help When You Are the Victim of an Assault and Battery
At S. Burke Law, it is our calling and passion to help people who are hurt because of the careless or intentional acts of others. If you were injured by another person or persons, we can evaluate your situation to see who might be liable for assault and battery charges. We can gather the evidence to build your case, deal directly with the liability insurance carriers, and file a lawsuit if necessary.
Call us today at (404) 842-7838 for a free consultation. There is no obligation.