The Georgia Supreme Court is expected to rule in a premises liability case involving Six Flags Over Georgia. A man who was beaten into a coma while visiting the park in 2007 was previously awarded $35 million in a jury trial. The Georgia Court of Appeals reversed the decision in November 2015 and ordered that there should be a new trial.
The plaintiff in the case traveled to Six Flags with some friends on July 3, 2007. After the man and his friends left the park, they encountered a group of around 40 men. Several of the men from the group beat the plaintiff and his friends at a bus stop, and the plaintiff entered a coma for one week that has left him with severe and permanent brain injuries. Prior to the altercation, the same group of men had accosted two families that were inside of the park.
Six years after the attack occurred, a jury found Six Flags and four men that were convicted of assault to be jointly liable for the plaintiff’s injuries. Eight percent of the fault was apportioned to the attackers, and 92 percent of the fault was apportioned to Six Flags. Six Flags has argued that the original ruling was not in line with Georgia’s premises liability law because the attack occurred outside of the park’s premises.
The owner of a commercial establishment such as a theme park, restaurant or super market owes a duty of care to people who visit their premises. If a customer is injured because a business owner was negligent in their duties, the victim may sue the business owner for damages.
Source: Marietta Daily Journal, “Georgia Supreme Court to consider appeal in Six Flags beating case,” Feb. 11, 2017