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Georgia Statute of Limitations Not Automatically Tolled in Negligent Security Cases

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Georgia Statute of Limitations Not Automatically Tolled in Negligent Security Cases


Insurers covering property in Georgia could be on the hook for personal injuries occurring on the premises if the property owners and property managers do not fulfill their duty to exercise ordinary care in keeping their premises and approaches safe, pursuant to the state’s premises liability law, O.C.G.A. § 51-3-1. In 2023, the Georgia Supreme Court ruled in Georgia CVS Pharmacy, LLC v. Carmichael that this duty extends to exercising ordinary care to protect invitees from reasonably foreseeable and preventable criminal acts.

For personal injury claims, the statute of limitations in Georgia is two years. The two-year statute of limitations is measured from the date of injury, and a lawsuit filed after the expiration of the statute of limitations is subject to dismissal.

However, in negligent security cases, sometimes the statute of limitations is extended if there is a criminal prosecution. O.C.G.A. § 9-3-99, the statute that governs the tolling of limitations for tort actions while criminal prosecution is pending, provides in full:

The running of the period of limitations with respect to any cause of action in tort that may be brought by the victim of an alleged crime which arises out of the facts and circumstances relating to the commission of such alleged crime committed in this state shall be tolled from the date of the commission of the alleged crime or the act giving rise to such action in tort until the prosecution of such crime or act has become final or otherwise terminated, provided that such time does not exceed six years, except as otherwise provided in Code Section 9-3-33.1.

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In short, if there is a criminal prosecution related to the underlying criminal act that forms the basis of a plaintiff’s lawsuit, the statute of limitations can have up to an additional six years added, meaning that a plaintiff could file their lawsuit as late as eight years after the actual incident occurred.

However, the tolling of the statute of limitations is not absolute. According to case law, a plaintiff who seeks to take advantage of the statute of limitations tolling bears the burden of establishing that they are entitled to such tolling.

Which Plaintiffs are Entitled to Tolling?

In determining whether a plaintiff is entitled to tolling of the statute of limitations, a claim analyst can check to see if the following facts are true:

  • The underlying crime that forms the basis of the plaintiff’s lawsuit was charged by law enforcement.
  • If the victim was an adult when the crime happened, the underlying crime occurred no more than eight years before the complaint was filed.
  • If the victim was a minor when the crime happened, the complaint either was filed not more than two years after they turned 18, or if the criminal prosecution is still pending, was filed not more than two years plus the remaining time of the criminal investigation, not to exceed an additional six years after they turn 18.
  • The time between the final resolution of the criminal prosecution and the filing of the complaint is no more than two years.
  • The plaintiff is not the one charged with the crime.
  • The plaintiff is not a family member of the victim of the crime bringing a wrongful death claim.
  • The plaintiff did not engage in mutual combat.

If all of the foregoing statements are not true, a plaintiff’s claim might not be entitled to tolling under the statute of limitations and could be subject to dismissal.

Why Is This Significant?

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To be entitled to tolling of the statute of limitations, a plaintiff must demonstrate that there was a criminal prosecution and the prosecution is either still pending or ended so recently that the statute of limitations did not expire prior to the filing of the lawsuit, and that the plaintiff meets the definition of a victim under the statute. Accordingly, the plaintiff must be the actual person injured or the estate of the person injured, and the plaintiff cannot have been charged with the alleged crime or have been engaged in mutual combat.

The application of this rule is of particular interest in cases where there is a potential defense based on the plaintiff engaging in mutual combat. A plaintiff who engaged in mutual combat is also not a victim under the statute O.C.G.A. § 17-14-2(b), which provides in pertinent part that a “‘[v]ictim’ shall not include any person who is concerned in the commission of such unlawful act.” O.C.G.A. § 16-2-20 has been interpreted to define those “concerned in the commission of an unlawful act” to include individuals engaged in or assisting in acts of mutual combat.

A motion for summary judgment on a statute of limitations defense still requires issues of disputed fact to be viewed in the light most favorable to the nonmovant. However, a plaintiff may not survive summary judgment merely on speculation or the contents of their pleadings. Where a plaintiff wishes to take advantage of statute of limitations tolling and there is a legitimate mutual combat defense, the plaintiff must present some evidence that they did not engage in mutual combat. This burden can be almost impossible for an estate to satisfy, as the estate was not present at the time of the incident and generally lacks first-hand knowledge of precisely what happened.

Being aware of when the statute of limitations is tolled and when it is not tolled may assist in dismissing many claims that plaintiffs might assume are tolled.

John “Jack” McCall is a civil defense attorney at Swift, Currie, McGhee & Hiers LLP in Atlanta, Georgia. His practice focuses on the defense of premises liability claims, including cases involving slip and falls, defective construction, elevator malfunction and negligent security.

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Read more on the Carmichael case and other negligent security/premises liability cases.

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Georgia

Florida Continues Push to Beat Out Georgia for Top LB Recruit

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Florida Continues Push to Beat Out Georgia for Top LB Recruit


After a huge ratings boost in the updated Rivals300 rankings that now has Joakim Gouda as a top-30 prospect in the 2027 class, the Florida Gators remain in contention for the elite Georgia linebacker despite an apparent leader in his recruitment.

Gouda, once unranked by Rivals, is now the second-highest-rated linebacker in his class. He has seen multiple expert predictions to land with Kirby Smart and the in-state Georgia Bulldogs recently. However, the Gators have consistently been in the mix for the athletic backer under Jon Sumrall, with both schools making his top five, as well as Texas, Auburn and Alabama, and official visits scheduled to all remaining contenders. 

Despite the smoke around Georgia, Florida will still have a strong shot at the 6-foot-2, 225-pound defender with plenty of time left before his decision is officially made. 

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“Florida is definitely still strongly in the race,” Gouda told Florida Gators on SI. “I’m just focused on building relationships and taking my time. I’m not rushing a commitment — I want to make the best decision for me and my future.”

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Though the Gators offered Gouda only just over two months ago, Florida has wasted no time in aggressively pursuing the talented athlete, who is expected back on campus for a visit this spring on top of his scheduled official visit from June 4 to June 6. While still somewhat early in the building of a relationship, the new staff member has stood out. 

“Florida sits in my top 5 because I really like the program and the energy around it right now. Even with a lot of competition, I believe in my ability to compete and contribute.” Gouda said. “I think I could fit in well with Sumrall and the new staff because I’m coachable, hardworking, and focused on team success. I like their energy and vision for the program, and that’s earned them a real chance in my recruitment.”

Florida’s chances will rely heavily on the next few months, however, as Gouda goes through his visits looking for the best program fit amongst multiple premier options. With a long way to go till signing day, the Gators will have plenty of time to prove to the elite prospect that they meet his criteria.

“From Florida, I’m looking for a staff that truly believes in me, a system where I can develop, and a culture that feels like family,” Gouda said. “A program will earn my commitment by showing consistency, developing players, and giving me the best opportunity to grow on and off the field.”

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After making 100 tackles during junior season at South Pauling High School (Ga.), Gouda is expected to surge up recruiting rankings as he heads toward a decision next year. While becoming one of the largest risers in his class as of late, the four-star is not getting complacent.

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“The attention on Rivals feels good because it shows people are noticing my work,” Gouda said. “…I think it’s just a result of staying consistent and improving every day, but I’m still keeping my head down and grinding.”

The Gators will likely be in it till the end for the potential future five-star Gouda, with Sumrall and staff looking to fight off Smart in his home state and land one of the more exciting prospects at his position in 2027.

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South Georgia honors Officer Caleb Abney

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South Georgia honors Officer Caleb Abney


VALDOSTA Ga. (WALB) – Family, friends, and law enforcement agencies from across South Georgia gathered at Martin Stadium to remember Officer Caleb Abney.

First responders from across the region stood alongside Abney’s family as Lowndes County opened the stadium for the service.

Lowndes County Board member Chris Buescher said community attendance was important.

“Obviously, these first responders give their all to our community. It is important to come out and support them. We are all heartbroken as a community as one Lowndes family,” Buescher said.

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South Georgia honors Officer Caleb Abney(WALB NEWS 10)

Abney’s ties to the community

Buescher noted Abney’s deep roots in Lowndes County, describing his connection to the area beyond his role in law enforcement.

“Caleb was not only a first responder in terms of the fire department, a police officer. He was a former Lowndes County High graduate. He was a former Georgia Bridgeman. So he marched on this very field that these last respects were paid to. So his mom and dad were big volunteers within the school system. So it is important to recognize the sacrifices these first responders make for all of us in the community,” Buescher said.

Procession travels through Lowndes County

The procession exited Lowndes High School and traveled through several roadways across the area. Family members, guests, and first responders made their way to Fellowship Baptist Church.

Have a news tip or see an error that needs correction? Let us know. Please include the article’s headline in your message.

To stay up to date on all the latest news as it develops, follow WALB on Facebook and X (Twitter). For more South Georgia news, download the WALB News app from the Apple Store or Google Play.

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Man accused of raping University of Georgia student, police say

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Man accused of raping University of Georgia student, police say


A 19-year-old is facing assault-related charges after police said he raped a University of Georgia student early Saturday morning while she was walking home. 

What we know:

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Tydarius Wingfield of Athens allegedly approached the student in the area of 400 North Thomas Street just before 1:40 a.m. and asked to walk her home.

Wingfield and the victim did not know each other.

Wingfield then forced the woman behind a building where he sexually assaulted her, police said.

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Investigators used the Real Time Crime Center’s camera system to see where the assault happened and track the victim and Wingfield’s movements. Officers continued tracking Wingfield until his arrest and positively identified him using the RTCC technology.

He is charged with rape, kidnapping, aggravated sexual battery and battery.

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An investigation is ongoing. 

What we don’t know:

It is unclear whether the victim was taken to the hospital after being attacked. 

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What you can do:

Anyone with information on this case is asked to contact Detective Burgamy at Charles.Burgamy@accgov.com or 762-400-7173.

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The Source: Information in this report comes from the Athens-Clarke County Police Department. 

Athens-Clarke CountyUniversity of GeorgiaNewsCrime and Public Safety



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