What is premises liability?
If you have been injured on someone else’s property, you may be entitled to compensation under what’s known as premises liability. But what is premises liability? Premises liability refers to the potential for property owners to be held responsible when someone is injured due to unsafe conditions on their property.
It doesn’t matter if the property is owned by a private citizen or a corporation; all property and landowners are legally required to keep their premises free of dangerous or unsafe conditions.
Georgia law allows people injured on someone else’s property to file personal injury claims under certain conditions.
Here are several factors to consider in an Atlanta premises liability claim.
Was the injured person invited onto the property?
Georgia law separates visitors into three main categories: invitees, licensees, and trespassers.
Visitors who legally enter property by express or implied invitations – invitees and licensees – are entitled to a high duty of care under Georgia’s premises liability law. The line between these categories can waver, and the designations can affect potential premises liability claims.
That’s why you must work with an experienced Atlanta premises liability lawyer who will know how the court will classify you.
Property owners have a lower duty of care for trespassers, who may not be able to claim compensation for damages suffered while on the property unlawfully.
There are some exceptions, such as if the trespasser was a child or if the owner willfully or wantonly injured the trespasser. To willfully or wantonly cause an injury means the owner intentionally injured the visitor or their reckless actions resulted in the injury.
Was the injured person taking part in recreational activities such as hunting?
Legal protections for adult visitors taking part in agritourism or recreational activities such as hunting, fishing, or camping differ from other types of visitors.
State law considers property owners immune from premises liability during such activities as long as the owner meets certain standards including signage requirements.
Did the owner exercise care regarding visitor safety?
Georgia law says that owners who invite people onto their property must “exercise ordinary care in keeping the premises and approaches safe.” Failure to exercise such care showcases a property owner’s negligence and can make them liable for damages suffered by injured parties.
Exercising care may mean putting up signs warning visitors about wet floors or falling construction materials. It also may mean that the property owner properly maintains their land or building and is up to code with electrical and plumbing standards.
Did the property owner know about the unsafe property conditions?
If the owner knew about the dangerous conditions and failed to address them, the owner acted negligently and failed to take reasonable care to ensure visitor safety.
What if the owner didn’t know about the unsafe conditions?
The average property owner may not know exactly what premises liability is, but they are generally aware that they are required to exercise reasonable care. They may not know of every possible danger on the premises, but many dangers are such that the owner reasonably should have known about it.
Important distinctions like these are why you must work with an Atlanta premises liability lawyer. They can build the strongest possible case for the compensation you deserve.
What makes property conditions unsafe?
What is premises liability law without an explanation of what is considered dangerous? A lot of injury-causing dangers involve property owner responsibilities that fall under “ordinary care.” Injuries caused by common sights such as uneven or broken sidewalks or a lack of lighting can be cause for premises liability claims.
That’s why you must work with an Atlanta premises liability lawyer who knows what protections you’re entitled to as a customer, employee, or another type of visitor.
Additionally, the law requires property owners to take reasonable care to make points of access safe. That creates the potential for additional liability.
What injuries are covered under premises liability claims?
Premises liability claims can cover injuries ranging from assaults to sprains. There are a large variety of covered injuries, each with various sources of potential property owner negligence and liability. An Atlanta premises liability lawyer understands the nuances of the law and how it applies to your case.
Contact an Atlanta Premises Liability Lawyer Today
The complexity of premises liability law means you must work with an Atlanta premises liability lawyer who can skillfully argue that you deserve compensation.
Haug Law Group has won their clients millions of dollars in personal injury claims. In one Atlanta premises liability case involving a fallen tree branch, Haug Law Group secured their clients a $2,000,000 settlement.
Contact Haug Law Group today for a free case consultation.