What Is Premises Liability: Atlanta Premises Liability Laws
In everyday life, we encounter many different types of property. Some of these properties are open to the public, such as stores, restaurants, and malls. Others are private residences or businesses that we may only be in occasionally. Regardless of how often we are on a particular property, the law requires the owner to maintain a safe environment for guests and visitors. This legal responsibility is known as premises liability.
What Is Premises Liability?
Premises liability is a legal concept that is commonly invoked in personal injury cases where an injury was caused by a dangerous or defective condition on someone else's property. Not only can landowners be held responsible under premises liability, land possessors, such as a person renting a house or a store owner leasing a facility, may also be liable.
The majority of personal injury cases, including premises liability cases, are founded on negligence. The injured person must show that the property owner was negligent in the ownership and/or maintenance of the property in order to win a premises liability case. In general, negligence refers to the failure of the property owner to exercise due care in relation to the property.
It's crucial to remember that just because you were hurt on someone else's property doesn't indicate they were irresponsible. Furthermore, just because the property was in an unsafe condition does not necessarily prove that the owner was irresponsible. You must establish that the property owner was aware, or should have been aware, that the premises were in an unsafe condition, and yet did nothing to correct the problem.
Premises Liability Laws In Atlanta
Property owners in Georgia are expected by law to take reasonable precautions to ensure that individuals who are on the property for a valid purpose, such as customers or invited guests, remain safe. If they don't, and someone gets hurt, the victim may be able to claim compensation.
For a claim to be successful, hiring an experienced premises liability lawyer in Atlanta to help the victim to show proof that the property owner was negligent in causing a dangerous condition, failing to rectify the unsafe condition, or failing in warning visitors of the condition. When this negligence results in an injury, the victim can pursue compensation for medical costs, lost wages, pain, and suffering, and other losses.
Different Types Of Premises Liability Cases
A business owner or property owner may be liable for a guest or visitor’s damages under the premises liability law if a property owner failed to provide adequate security on their premises and the guest or visitor suffered an attack or robbery. This can particularly be the case when incidents have happened on the property before. The costs of injuries and violence can be steep.
Slip And Fall Accident
A slip and fall accident occurs when a guest or visitor is injured on another person's property due to a dangerous condition. For instance, if you slipped and fell due to a hazardous condition, such as broken flooring or spillage on a floor, you might have a case against a property owner.
Dog Or Animal Attacks
In Georgia, dog owners are strictly liable for any injuries their dog causes to another person, regardless of whether the owner was aware of the dog's dangerous propensities.
Exposure To Toxic Chemicals
Exposure to toxic substances and chemicals can be a premises liability case. If you have been exposed to toxic substances such as asbestos, pesticides, chemical solvents, mold, and others, a property owner may be liable for your injuries. A property owner may be negligent if they did not follow the laws for safekeeping or safe storing of the substances.
Property Owner's Duty Of Care
While many states require the property owner to exercise reasonable care in ownership and maintenance of the property with respect to all persons who might enter the property, other states still apply an old rule that can limit the landowner's duties depending on the status of the visitor. Under this doctrine, all visitors to a property can be divided into three categories:
Invitees are people who have the property owner's express or implied permission to enter the property. These can be friends, relatives, neighbors, or a customer at a retail store.
A licensee is someone who is allowed on premises but for their own purposes, such as a salesman. The property owner traditionally owed a licensee a lesser duty only to warn the licensee of dangerous conditions that create an unreasonable risk of harm if the landowner knows about the condition and the licensee is not likely to be able to discover it.
A trespasser is someone who is not authorized to be on the property. Traditionally, landowners owed no duty to trespassers unless the trespasser was a child. If a child trespassing on land is injured by an attractive nuisance, such as a swimming pool, the landowner may be liable if:
- The owner knew or should have known that children may be trespassing on their property
- The dangerous artificial condition could involve a reasonable risk of death or serious injury to children
- The child was too young to realize the danger posed by the condition
- The use of the condition to the landowner was slight compared to the risk of harming children
- The owner failed to exercise reasonable care to remove the condition or to protect children from its dangers.
Contact A Premises Liability Attorney In Atlanta
If you have been injured in one of the above premises liability cases, you may be able to file a premises liability claim against the property owner. In order to win your premises liability claim, an experienced lawyer can help you navigate the complex legal process and ensure that your rights are protected. The Mabra Law Firm has experienced lawyers who can help you gather the evidence you need to prove your case and win the compensation you deserve.
You should also be aware that there are time limits for filing a premises liability claim in Atlanta, Georgia. If you do not file your claim within the required time period, you will be barred from recovering damages. Therefore, it is important to contact a lawyer as soon as possible after you have been injured.