WHAT “FORESEEABILITY” TEST APPLIES?
[T]he trial court failed to apply the correct standard for determining a motion to dismiss. Under that standard, Love was not required to come forward with evidence of foreseeability, but instead was obligated only to allege facts that, if proven, could create a factual question for the jury as to whether the attack on him was foreseeable. We find that his complaint does allege such facts and that the trial court’s ruling [to the contrary] was therefore in error . . . To sustain the claims set forth in his complaint, Love’s allegations must permit the introduction of evidence demonstrating a “legal duty to conform to a standard of conduct raised by the law for the protection of others against unreasonable risks of harm,” and a breach of the same. Watson v. General Mechanical Svcs., Inc., 276 Ga.App. 479, 481, 623 S.E.2d 679 (2005). Duty cannot be divorced from foreseeability, however, and thus “[i]t follows that, to establish a breach of the applicable standard of conduct to support a
