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Dodgers want injured fan's premises liability suit dismissed

In Atlanta and throughout the United States, property owners and managers have an obligation to keep their premises safe from unreasonable risks. This involves a requirement to provide adequate security. Often, landlords or landowners can be held responsible for third party attacks under premises liability law if they fail to provide this basic protection.

Currently, a very famous and tragic case involving inadequate security is making its way through the court system. The case involves a baseball fan who was beaten nearly to death outside of a Major League Baseball stadium on opening day last year.

The man, a paramedic and father of 2, was a San Francisco Giants fan who attended a Giants-Dodgers game at the Dodger Stadium. He was jumped in the parking lot following the game; police said he was kicked, beaten and had his head slammed into the pavement.

He suffered a fractured skull and traumatic brain injuries.

A civil suit has been filed on behalf of this man and his two children, alleging that antiquated facilities as well as security cutbacks fostered the attack on this man. Specifically, the team stands accused of premises liability, negligence, negligent hiring and intentional infliction of emotional distress.

The Dodgers have argued that the suit should be dismissed because it cannot be proven that the baseball club's failures and shortcomings caused the attack. Just last week, a bankruptcy judge declined the team's request to postpone a hearing to disallow the claim.

The outcome of this case remains to be seen. Generally, a landlord or landowner can be held responsible for criminals who rob, rape or injure innocent people who are on their property. Cases like these hinge on whether the property owner or manager took reasonable and necessary precautions to protect the safety of patrons.

Source: Associated Press, "Judge won't delay hearing on Dodgers request to disallow claims of injured Giants fan," Feb. 24, 2012

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