Is a Georgia Employer Liable for an Off-Premises Employee Shooting?

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Auto Accident

In 2014, Georgia enacted the Business Security and Employee Privacy Act (BSEPA), more popularly known as the “Bring Your Guns to Work” law. The purpose of this law is to prevent private and public employers in Georgia from restricting the freedom of their employees to keep firearms in their cars while at work. Basically, an employer may not “search the locked privately owned vehicles of employees or invited guests on the employer’s parking lot,” so long as any guns are kept “locked out of sight within the trunk, glove box, or other enclosed compartment.”

Lucas v. Beckman Coulter, Inc.

So long as an employer complies with the BSEPA’s requirements, it cannot be held civilly or criminally liable for any injury arising from the “transportation, storage, possession, or use of a firearm” from its premises. The law makes two exceptions, however, for cases in which the employer itself actually commits a crime using a firearm or it otherwise “knew that the person using such firearm would commit such criminal act” on its premises.

In October 2016, the Georgia Court of Appeals said this language in the BSEPA effectively granted employers broad immunity “from firearm-related tort liability,” even in cases where its employees were negligent in the use of guns. The Georgia Supreme Court recently reviewed the Court of Appeals’ decision and held the lower court interpreted the law incorrectly.

This case involves the accidental discharge of a firearm by an employee of the defendant employer. The defendant is in the business of selling and servicing medical equipment. On the day of the accident, the employee traveled in a company-owned vehicle to a customer’s health care facility to perform maintenance. While in the customer’s parking lot the employee spoke with a friend of his who worked at the healthcare facility.

The friend mentioned that there had been a string of car break-ins at the facility’s parking lot. The employee, who kept a personal firearm in his work vehicle (in violation of his employer’s policy), decided to retrieve his weapon so it would not be stolen. A few minutes later, as the employee was attempting to clear his gun into the customer’s building, it discharged striking both the employee and his friend.

The friend is the plaintiff in this lawsuit. He sued the employee and his employer, alleging “negligent supervision” and vicarious liability on the part of the latter. The employer argued that it was immune from both claims under the BSEPA.

As the Georgia Supreme Court explained, the law only “exempts employers from liability that might arise by complying with the … prohibition against maintaining a policy of searching an employee’s own vehicle (or those of guests) on the employer’s parking lot” for firearms. Here, the employee transported a weapon to an offsite location using an employer-owned vehicle. Accordingly, no immunity applied.

The Supreme Court did not rule on the merits of the plaintiff’s lawsuit. It merely instructed the Court of Appeals to consider whether the plaintiff had presented a viable claim under the theories of negligent supervision or vicarious liability.

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Frequently Asked Questions

Here are some of the most common questions people ask us about personal injury. We’re happy to answer your questions at your personalized consultation.
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Can any attorney handle a personal injury case?

Any attorney that is licensed in the jurisdiction where your case is can represent you. But a personal injury attorney has specialized experience and resources. They understand how a personal injury claim can be complex, and they can identify issues that are the most important to your case. At The Persons Firm, our entire practice is devoted to the needs of personal injury victims.

How long do I have to file a personal injury claim?

Most Georgia personal injury claims must be filed within two years of the accident. When a claim involves the government, the deadline is much shorter. You should never wait to contact a lawyer to start preparing your case.

How do you start a personal injury case?

You start a personal injury case by determining the grounds for compensation and who may be responsible to pay. Then, you prepare a summons and complaint, file it in the court with jurisdiction, and serve each defendant. Sometimes, you can negotiate a settlement directly with the insurance company. But direct negotiations don’t count as formally starting a personal injury case. While you negotiate, the deadline to start the case still applies.

What is a personal injury consultation?

A personal injury consultation is a conversation with a lawyer about your case. The consultation may cover whether you have a claim for personal injury compensation, what your claim may be worth and the strengths and weaknesses of the case. You will talk about how legal representation works. You’ll meet the legal team that would handle your case if you hire them.

What kind of lawyer do I need to sue for an injury?

A lawyer who handles injury lawsuits is a personal injury lawyer. You choose and hire the lawyer yourself. They represent your interests and file a legal claim on your behalf.

Do I have a good personal injury case?

To have a good personal injury case, you must have evidence to prove that someone else is legally at fault for causing your injuries. Usually, this is based on negligence, or their failure to exercise reasonable care and caution in a situation. It may also be based on recklessness or intentional harm. In addition, you must show what damages you have and what compensation you should receive.

How much compensation can I get for an injury case?

In Georgia, each case for personal injury compensation is valued individually. It depends on the defendant’s degree of fault and what damages you have. Damages may include economic and non-economic harm. Non-economic harm means pain and suffering, emotional anguish, disability and other intangible losses.

Will I have to testify in court for my personal injury case?

We understand the thought of going to court can cause anxiety. Most personal injury cases don’t require the victim to testify in court. As your lawyers, we’ll work to understand your goals. If called to testify, we’ll prepare with you and represent you in court. With our team of personal injury lawyers, you’ll always be supported and prepared.

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