On Monday, the Georgia Supreme Court handed a major victory to the defense bar in premises liability cases involving third-party criminal attacks.  In a much anticipated opinion, the court found "....(1) the jury is allowed to apportion damages among the property owner and the criminal assailant and (2) instructions or a special verdict form requiring such apportionment would not violate the plaintiff's constitutional rights."  (emphasis supplied) 

This is a seminal decision that favors property owners and operators (and their insurers) and now that apportionment has been constitutionally approved it will be a fundamental defense in the handling and evaluation of premises liability cases involving third-party criminal attacks.

To read the full opinion, click here.