Last year we discussed a Georgia Court of Appeals decision ordering a new trial in a premises liability case involving a well-known theme park in Cobb County. The case began when two patrons and their families were repeatedly threatened by rival gangs who were known to frequent the theme park. Even after some of the gang members threatened to shoot the patrons in the parking lot, park security failed to eject the assailants.
Shortly thereafter, a group of about 40 gang members did, in fact, approach the families in the parking lot, which was still on theme park property. Although the families escaped the approaching mob, some of the gang members proceeded to beat a bystander who happened to be seated at a bus stop near the park’s entrance.
The bystander later sued four of the men who attacked him. He also named the theme park owner as a defendant under Georgia’s premises liability law. A jury eventually found the plaintiff was entitled to $35 million in damages and apportioned 92% of the blame to the theme park.