Third-party assault cases, commonly referred to as negligent security cases, have been on the rise for decades and are known for their exaggerated verdicts. In these cases, there is an allegation the plaintiff, or the decedent, was assaulted or harmed in some way by a third party while on the defendant’s property and that the property owner and/or landlord are liable under a negligence theory.

The general principles of negligence apply: the plaintiff must prove duty, breach, causation and damages. Recently, there have been some developments in Georgia case law related to the issues of duty and causation, which impact the litigation of these cases.