Small Businesses Say GA Court Overreached in Holding Landowner Liable for Crime Committed on Their Property

December 2, 2022

Small Businesses Say GA Court Overreached in Holding Landowner Liable for Crime Committed on Their Property

The NFIB Small Business Legal Center has filed an amicus brief in the case of Georgia CVS Pharmacy LLC v. Carmichael at the Georgia Supreme Court. The case centers on whether a business can be held liable for illegal acts committed on its property.?Click here to read the amicus brief. “Many times, businesses are also victims in these situations and are simply guilty by location,” NFIB State Director Nathan Humphrey said. “Going after the business instead of the actual perpetrators of the crime makes zero sense, legal or otherwise. That is not fair and not how Georgia’s law works.” “Small businesses are at risk of frivolous litigation due to the outcome of this case,” NFIB Small Business Legal Center Executive Director Beth Milito said. “This case could potentially have a nationwide policy impact that would ultimately have a negative effect on small businesses and private property owners. We urge the Court to consider these concerns from small businesses.” NFIB filed the amicus brief with the Retail Litigation Center, Inc. and the National Retail Federation. In their brief, the groups argue that the lower court’s decision to hold CVS liable for a crime committed in its parking lot isn’t supported by Georgia law. The brief also asserts that if the court’s decision is allowed to stand, the principal consequence will be the hardening of private property, including businesses, schools, and churches, with little guarantee of greater safety as a result. The NFIB Small Business Legal Center protects the rights of small business owners in the nation’s courts. NFIB is currently active in more than 40 cases in federal and state courts across the country and in the U.S. Supreme Court.

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