Legal Aid To Guide You Through Complex Premises Liability Issues
When you are in on someone’s property, it is reasonable to expect that you will not face hazards. According to Georgia law, the owner of the property has a duty of care. They must take measures to keep their property relatively safe and to warn visitors of possible dangers.
If you were hurt on someone else’s property, you might be able to hold them liable. Call our premises liability attorneys at Kenney & Medina, P.C., to hold them responsible.
Basics Of Premises Liability Laws
Georgia courts will consider:
- If the owner/landlord took reasonable care to keep their property safe. It depends on the details and the situation.
- If the owner took measures to fix the problem to effectively warn them about the potential danger? Is there a history of assaults/robberies in the area? Were signs posted about hazards?
- Did the injured person contribute to their injuries? Did the injured person demonstrate ordinary care to avoid the hazard? If they contributed, what was their level of responsibility. For example, if the injured person is 50 percent responsible, they can only recover 50 percent of their damages.
- You must prove the property owner’s negligence contributed to your injuries.
The Purpose Of Your Visit Matters
There are three categories of property visitors: invitees, licensees and trespassers. A property owner’s responsibility depends on which type of visitor you were when you were injured.
- These people are on a property legally for business. In this case, the owner/landlord has the highest level of responsibility. They must demonstrate reasonable care.
- This is someone on another’s property, but not for business. The duty of care is less. There is no expectation that the property must be inspected. Visitors should still be warned of dangers and they should expect that the property owner did not maliciously injure them.
- If you were injured on a property that you were not invited onto, there is a very limited duty of a care. The owner still cannot intentionally injure you and they still must provide danger warnings.
Legal Counsel Helping You In A Premises Liability Claim
Contact our premises liability lawyers if you were hurt on someone else’s property in Georgia. These cases can be complex, and the level of proof required depends on the details of your case. Call our Suwanee office at 770-564-1600 or email us.