Augusta Premises Liability

Premises liability is a legal concept that comes into play when someone is injured because of an unsafe condition on someone else’s property. Both private and commercial property owners in Georgia have a duty under the law to maintain their property in a reasonably safe condition. When they fail to do so and someone is injured as a result, negligent property owners can be held liable for damages.

What Is Georgia Premises Liability Law?

Property owner liability for injuries on a premises depends on the status of the injured visitor:

• Invitee: The duty of landowners to keep premises safe for invitees is codified under the Georgia Code Section 51-3-1. The statute states: “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”
• Licensee: A licensee is a visitor to the property who is neither a customer, servant, or trespasser; who has no contractual relationship with the landowner; and who is permitted (express or implied) to go onto the property for his or her own convenience, interests, or gratification. A property owner or proprietor is only liable for willful or wanton injury to a licensee.
• Trespasser: A person who enters a property without permission has minimal protection under the law. A property owner only has the duty not to willfully or wantonly injure a trespasser.

Who Qualifies as an Invitee?

An invitee is any person who is lawfully on the premises at the express or implied invitation of the owner or occupier of the property. Residential or commercial tenants are invitees during the terms of their leases. Customers of a business are considered invitees, whether the business is a restaurant, a theater, a gas station, a retail store, or a bank. People who buy tickets and attend music concerts or sporting events are invitees. The same is true of patients of hospitals, clinics, and nursing homes, students at schools and universities, and passengers of bus services, subways, or airlines.

What Are Some Common Causes of Premises Liability Injuries?

Dangerous conditions can exist on a property because of building code violations, poor maintenance, or disrepair. Common causes of premises liability accidents and injuries include:

• Slippery floors from spills that are not cleaned up promptly
• Broken stairs
• Unmarked steps
• Broken or missing handrails
• Uneven or cracked sidewalks
• Falling merchandise
• Malfunctioning elevators or escalators
• Collapsing decks or balconies
• Deficient fire safety systems
• Contaminated swimming pools
• Inadequate security leading to assault

How Do You Recover Compensation if You Were Injured on Someone Else’s Property?

To recover for your injuries in a premises liability claim you must show that the owner or proprietor was negligent. You must prove that the property owner failed to exercise reasonable care to maintain the property in a safe condition or failed to adequately warn of any danger. You must also show that the owner knew or should have known about the potential hazard, that your injuries resulted from the owner’s negligence, and that you suffered damages because of your injuries. Your best chance of recovering full compensation is to have an experienced Augusta premises liability lawyer handling your claim.

Why Choose Us?

At Jamie Casino Injury Attorneys, we handle personal injury matters exclusively. We are committed to holding negligent parties accountable for the harm they cause to others.

If you have been seriously injured because of a dangerous condition on someone else’s property, call us today at (706) 719-7177.