Georgia CVS Pharmacy, LCC vs. Carmichael

Court: Supreme Court of Georgia

Date: 2023

Issue on Appeal: Whether a premises liability claim can proceed where a plaintiff alleges harm from third-party criminal conduct, including the scope of a retailer’s duty to protect customers from unforeseeable acts.

RLC’s Position: The RLC argues that retailers should not be held liable for unforeseeable third-party criminal acts absent clear evidence of foreseeability and control. Expanding premises liability beyond established limits would impose unreasonable security obligations, increase operational costs, and expose retailers to unpredictable litigation. Maintaining clear standards for duty and foreseeability is essential to ensuring fair liability rules for businesses serving the public.

Other Amici: Chamber of Commerce of the United States and other business organizations.

Counsel: Counsel from national appellate and premises liability practices representing amici curiae.