Georgia

Georgia Statute of Limitations Not Automatically Tolled in Negligent Security Cases

Published

2 years ago

May 21, 2024

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.

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?

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.

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

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Georgia

Ossoff, Bottoms declare ‘United for Georgia’ at first joint campaign rally – The Current

Published

4 hours ago

June 27, 2026

Press Room

Ossoff, Bottoms declare ‘United for Georgia’ at first joint campaign rally – The Current

by Craig Nelson, The Current
June 27, 2026

There was no mistaking the message that incumbent U.S. Senator Jon Ossoff and gubernatorial candidate Keisha Lance Bottoms were seeking to drive home at a rally on Saturday in Savannah, not only to the thousand or so supporters gathered in a hall on a sweltering day in late June but to voters across the state.

Signs reading “United for Georgia” were everywhere, eclipsing the “Ossoff for Senate” and “Bottoms for Governor” placards. The two Democrats that top their party’s ticket this fall embraced at rally’s end and held their clasped hands high before the adoring crowd. The meaning of the gestures was plain: They have decided they cannot win in November without the public support of the other.

The rally, held at the Metal Building at Trustees’ Garden, was an hourlong, made-for-social-media event and a dose of electioneering in 2026. Campaign videographers circled around the speaker’s rostrum. Producers in earphones coached the sign-waving crowd directly behind the podium, which served as a colorful backdrop for the videos and soundbites that would be posted before day’s end.

‘Slick Rick’

For Ossoff and Bottoms, it was their first joint rally since state Republicans chose their candidates for U.S. Senate and governor in the primary runoffs earlier this month. With their opponents decided — Mike Collins in Ossoff’s case and Rick Jackson’s in Bottoms’ — the verbal knives were unleashed.

Bottoms recounted the economic hardships of her youth and the sacrifices made by her “can’t never could” mother to boost her up the ladder of educational, professional and political success — a narrative she apparently hopes will offset Jackson’s “foster-care-to-billionaire” saga.

“Slick Rick,” she claimed, has built his healthcare empire on $1 billion in no-bid, state contracts and mocked him for promising if elected to be Donald Trump “with a southern accent.”

“Rick Jackson has been making a profit off the people of Georgia. His fortune is filled in part with your tax dollars,” she said.

‘Toys out the stroller’

His shirt sleeves rolled up to his elbows in his trademark style, Ossoff set biography aside. He opted instead for what has become a staple of his campaign speeches: commentary on news out of the Trump administration that mimics the skewering the president receives on late-night television (“Now, Savannah, I don’t know if you saw the mess in Washington last week . . .”)

Trump, Ossoff said, “was so humiliated in [the Strait of] Hormuz, he threw his toys out the stroller and refused to sign the affordable housing bill. That’s after he gave some felon donor a no-bid contract for the reflecting pool, and it filled up with algae, which for some reason required the deployment of the National Guard.”

He went on to bash Trump for sending his son-in-law “prince” Jared Kushner to “cosplay” as a negotiator in the Middle East “despite zero qualifications” and inspiring a so-called color revolution in Albania over his plans to build a luxury resort there.

It wasn’t all satire. In his measured, sometimes plodding, cadence, Ossoff’s a scold, too.

He called Collins as a “bigot congressman” and election denier (“To this day, Mike Collins defends that violent attempt to prevent the peaceful transfer of power.”)

And as Collins’ Republican primary opponents predicted, criticized him for failing to fire “degenerate political staffer” Brandon Phillips after multiple offenses until finally doing so in May after Philipps posted a tweet mocking a rape victim.

‘Mutually beneficial’

What the partnership between Ossoff and Bottoms means in practical terms isn’t clear. Neither candidate has indicated how many joint rallies are planned as the general election unfolds.

However it evolves, the alliance is “mutually beneficial,” said Andra Gillespie, an associate professor of political science at Emory University.

In a state where Republicans slightly outnumber Democrats, voter turnout is crucial, not only in Democratic areas of the state but in Republican-dominated areas of the state, too, Gillespie noted.

“While Senator Ossoff is popular in his own right among Black Democrats, being able to run alongside an African American woman candidate also does give him some cache” in the effort to turn out that vote, she said.

Bottoms, for her part, may benefit from Ossoff’s campaign war chest, Gillespie said.

The former Atlanta mayor who, as of April 30, had $62,000 in cash on hand, faces a general election opponent in Jackson who spent at least $107 million dollars in the primary. As of April 29, Ossoff reported more than $32.5 million in cash on hand, according to his submissions to the Federal Election Commission.

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Georgia

Heat wave expected to bring potential dangerous conditions to South Georgia

Published

14 hours ago

June 27, 2026

Press Room

Heat wave expected to bring potential dangerous conditions to South Georgia

WALB is working to produce a video specific to this story. In the meantime, watch other stories from Dougherty County above.

ALBANY, Ga. (WALB) — A prolonged heat wave is expected to settle across South Georgia over the next week, bringing dangerously hot conditions to the region.

Meteorologist Justin Williams said temperatures will climb into the mid to upper 90s. High humidity will push heat index values well above 100 degrees.

Health risks

Health officials warn that prolonged exposure to extreme heat can increase the risk of dehydration, heat exhaustion and heat stroke. Older adults, young children, people with chronic medical conditions and those who work outdoors face particular risk.

What to do

Health officials recommend staying hydrated and limiting outdoor activities during the hottest part of the day. Wearing lightweight clothing and taking frequent breaks in air-conditioned spaces or the shade are also advised.

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, Instagram and X. For more South Georgia news, download the WALB News app and add WALB as a preferred source on Google.

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Georgia

Georgia Lottery Mega Millions, Cash 3 results for June 26, 2026

Published

1 day ago

June 27, 2026

Press Room

The Georgia Lottery offers multiple draw games for those aiming to win big.

Here’s a look at June 26, 2026, results for each game:

Winning Mega Millions numbers from June 26 drawing

05-13-30-33-52, Mega Ball: 06

Check Mega Millions payouts and previous drawings here.

Winning Cash 3 numbers from June 26 drawing

Midday: 7-6-1

Evening: 1-7-2

Night: 9-5-1

Check Cash 3 payouts and previous drawings here.

Winning Cash 4 numbers from June 26 drawing

Midday: 7-6-2-5

Evening: 4-9-1-9

Night: 4-9-1-1

Check Cash 4 payouts and previous drawings here.

Winning Cash Pop numbers from June 26 drawing

Early Bird: 08

Matinee: 03

Drive Time: 02

Primetime: 13

Night Owl: 14

Check Cash Pop payouts and previous drawings here.

Winning Georgia FIVE numbers from June 26 drawing

Midday: 1-5-9-6-1

Evening: 5-7-0-9-0

Check Georgia FIVE payouts and previous drawings here.

Winning Fantasy 5 numbers from June 26 drawing

03-13-14-16-41

Check Fantasy 5 payouts and previous drawings here.

Winning Millionaire for Life numbers from June 26 drawing

07-15-33-37-51, Bonus: 02

Check Millionaire for Life payouts and previous drawings here.

Feeling lucky? Explore the latest lottery news & results

Are you a winner? Here’s how to claim your prize

Prizes under $601: Can be claimed at any Georgia Lottery retail location. ALL PRIZES can be claimed by mail to: Georgia Lottery Corporation, P.O. Box 56966, Atlanta, GA 30343.
Prizes over $600: Must be claimed at Georgia Lottery Headquarters or any Georgia Lottery district office or mailed to the Georgia Lottery for payment.

When are the Georgia Lottery drawings held?

Powerball: 10:59 p.m. ET on Monday, Wednesday, and Saturday.
Mega Millions: 11 p.m. ET on Tuesday and Friday.
Cash 3 (Midday): 12:29 p.m. ET daily.
Cash 3 (Evening): 6:59 p.m. ET daily.
Cash 3 (Night): 11:34 p.m. ET daily.
Cash 4 (Midday): 12:29 p.m. ET daily.
Cash 4 (Evening): 6:59 p.m. ET daily.
Cash 4 (Night): 11:34 p.m. ET daily.
Cash Pop (Early Bird): 8 a.m. ET daily.
Cash Pop (Matinee): 1 p.m. ET daily.
Cash Pop (Drive Time): 5 p.m. ET daily.
Cash Pop (Primetime): 8 p.m. ET daily.
Cash Pop (Night Owl): 11:59 p.m. ET daily.
Georgia FIVE (Midday): 12:29 p.m. ET daily.
Georgia FIVE (Evening): 6:59 p.m. ET daily.
Fantasy 5: 11:34 p.m. ET daily.
Jumbo Bucks Lotto: 11 p.m. ET on Monday and Thursday.
Millionaire for Life: 11:15 p.m. ET daily.

This results page was generated automatically using information from TinBu and a template written and reviewed by a Georgia editor. You can send feedback using this form.

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