The “premises liability” law area covers situations when people incur injuries on someone else’s property. Such situations are frequent. Depending on the circumstances in which their injuries occurred, the victims may be entitled to compensation. The best way to assess their rights is to consult a premises liability attorney.
In order to provide an answer, the latter will consider several aspects:
To understand why these aspects are so important, it helps to take a closer look at premises liability laws. These laws are among the first things a premises liability lawyer will explain to their clients.
Georgia premises liability law covers the duties of property owners/managers towards anyone on their property. These duties will depend on the reasons for the other party’s presence. From this point of view, Georgia Code Sections 51-3-1, -2, and-3 define three statutes:
Under the law, property owners have to take reasonable measures to ensure invitees’ safety. These measures may refer to repairs, maintenance or warning about eventual dangers. When it comes to licensees, liability only applies to willful actions.
As far as trespassers are concerned, “attractive nuisances” may bring about property owner liability. The term defines dangerous conditions on the property that may attract children. Common examples include playground equipment, swimming pools, and more.
Many types of injuries fall under premises liability law. We will review the most common ones in the following lines.
Invitees incur injuries on slippery, wet, icy, or uneven floors on the host’s property. The injured will have to prove that the owner could have prevented the injuries but neglected to do so.
These injuries are the responsibility of the property owner if they also own or keep the dog. The claimant will have to show the owner failed to secure the premises and/or warn of the danger. The injured lose their right if the owner can prove they provoked the injuries.
Injuries due to improperly maintained escalators or elevators could be the liability of the owner. If they ensured maintenance but the service provider failed to do their job, the latter is liable for the injuries.
Burn injuries due to inadequate fire protection measures are the liability of the owner. They could fall on the service provider if the owner contracted third-party services.
These cases usually refer to injuries incurred in supermarkets. Sometimes, inadequately stored or secured merchandise falls and injures shoppers. The latter may seek compensation from the retailer. The rule does not apply to shoppers injured in personnel-only or restricted areas.
Those who contract waterborne illnesses at the swimming pool may sue the owner, manager, or their service provider.
When children incur injuries while using defective playground equipment, the playground keeper should answer. However, in some cases, the injuries are the result of inadequate supervision.
Of course, there are many other scenarios when a property owner could be liable for injuries. In most cases, the property owners or managers will try to blame the victim for the injuries. Under Georgia laws, the parties can share fault. Based on the available evidence, the court establishes their fault percentage. Each party is liable for a percentage of the losses equal to their fault percentage.
Premises liability cases can get quite complicated. They require following complex procedures and gathering solid evidence. In order to increase their chances to compensation, claimants should consult a premises liability lawyer.
If you incurred injuries on another person’s property, you may be entitled to compensation. At Turnbull, Cain & Holcomb, we can help you assess your rights and advise you on how to proceed. To benefit from our help, schedule a consultation with our premises liability lawyer. You can do so by phone, at (678) 377-2246. The first consultation is FREE, so you have nothing to lose!