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TJ, Esq.
TJ, Esq., Attorney
Category: Legal
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Experience:  JD, MBA
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I AND A PARTNER OWN A PAD ON A SHOPPING CENTER SITE.

Customer Question

I AND A PARTNER OWN A PAD ON A SHOPPING CENTER SITE. PROBABLY 10 PER CENT OF SITE. AND WE ARE IN THE CORNER. WE ARE BEING SUED, AS IS THE OWNER OF THE TOTAL SITE FOR A FALL AN INDIVIDUAL HAD 18 MONTHS AGO. AS IT TURNS OUT THE FALL DID NOT OCCIR ON OUR PARCEL WHICH WAS DETERMINED AFTER A SURVEY. IN THE PROCESS WEW INCURRED LEGAL FEES. SINCE THE PLANTIFF DID NOT TAKE THE TIME AND EXPENSE OF A SURVEY I FEEL WE HAVE AN ACTION FOR THOSES FEES AS HE DID NO DUE DILLIGENCE JUST POINTED THE SHOTGUN AND PULLED THE TRIGGER. THE STATE WHERE THE PROPERTY IS LOCATED IS GEORGIA. DO I HAVE A CAUSE OF ACTION?
THANK YOU
***** *****
Submitted: 2 months ago.
Category: Legal
Expert:  TJ, Esq. replied 2 months ago.

Hello and thank you for the opportunity to assist you. My name is ***** ***** I will do my very best to help if I can. Please bear with me a few moments while I review your question, conduct any necessary research, and type a response. Thank you.

Expert:  TJ, Esq. replied 2 months ago.

Hello again. Thank you for your patience.

Georgia does have a cause of action for Abusive Litigation. It is defined as follows:

Any person who takes an active part in the initiation, continuation, or procurement of civil proceedings against another shall be liable for abusive litigation if such person acts:

(1) With malice; and

(2) Without substantial justification.

Ga. Code Ann. § 51-7-81

However, you can see that one of the elements is "malice." In your situation, it sounds like negligence on the part of the plaintiff, but not necessarily malice. Of course, I don't know all of the facts, so you may have reason to believe that there was malice.

Even if you can't sue in a separate cause of action, you can file a motion for an award of attorneys fees in the original lawsuit against you. The judge in that original lawsuit has the discretion to award you attorneys fees if he agrees that the lawsuit against you was frivolous.

Does that answer your question? Please let me know if you need clarification, as I am happy to continue helping you until you are satisfied. Also,please remember to provide a positive rating via the stars(and note that your positive rating is the only way that I'll get credit for helping you, so it is much appreciated!). Thank you. :)

Expert:  TJ, Esq. replied 2 months ago.

Hello again. I didn't hear back from you, so I'm just checking in to make sure that you don't need more help on this issue.

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