Premises Liability

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?

Premises liability law in Georgia governs the responsibilities of property owners for injuries or accidents that occur on their property. It holds property owners accountable for maintaining safe conditions for visitors or guests on their premises.

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.

To establish a successful premises liability claim in Georgia, the injured party generally needs to prove:

  • The property owner had a duty of care toward them based on their classification.
  • There was a breach of that duty, such as negligence or failure to maintain safe conditions.
  • The breach of duty directly caused the injuries.
  • The injured party suffered damages as a result.

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 Types of Premises Liability Cases?

Premises liability cases encompass various scenarios where an individual is injured due to unsafe conditions on someone else's property. Here are some common types of premises liability cases:

  • Slip and Fall/Trip and Fall: These are among the most prevalent premises liability cases. They occur when someone slips, trips, or falls due to hazards like wet floors, uneven surfaces, loose carpets, icy sidewalks, or inadequate lighting.
  • Inadequate Maintenance: Property owners are responsible for maintaining their premises. Cases arise when a property owner fails to repair or maintain the property adequately, leading to accidents. For instance, broken stairs, crumbling walkways, or malfunctioning elevators could result in injuries.
  • Dog Bites and Animal Attacks: When a person is bitten or attacked by someone else's pet while lawfully on their property, the owner can be held liable for the injuries caused by their animal.
  • Inadequate Security: Property owners have a responsibility to provide reasonable security measures to prevent foreseeable criminal activities. If someone is assaulted, robbed, or harmed due to inadequate security measures (like broken locks, lack of security personnel, or inadequate lighting) on the property, the owner might be held liable.
  • Swimming Pool Accidents: Property owners with swimming pools must adhere to specific safety regulations. Accidents like drowning or injuries resulting from lack of fencing, supervision, or safety equipment can lead to premises liability cases.
  • Retail Store or Business Accidents: Customers or clients injured while shopping or conducting business due to hazards like falling merchandise, slippery floors, or obstacles in walkways can file premises liability claims against the business owner.
  • Attractive Nuisances: Property owners might be held responsible for injuries to children if they have attractive nuisances on their property, like unfenced swimming pools, abandoned vehicles, or construction sites, which may attract children who then get injured.

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.

Hiring our Augusta premises liability lawyer can provide the following significant benefits if you've been injured on someone else's property:

  • Legal Expertise: Our team specializes in premises liability cases, understanding the intricacies of Georgia's laws. We're familiar with precedents, regulations, and legal strategies specific to these cases, ensuring a comprehensive approach to your claim.
  • Case Investigation: We conduct thorough investigations into the circumstances surrounding your injury. This involves collecting evidence, interviewing witnesses, and assessing the property conditions to build a strong case.
  • Determining Liability: Establishing liability in premises liability cases can be complex. We work to determine if the property owner breached their duty of care, contributing to your injuries. This includes analyzing maintenance records, security measures, and the property's condition.
  • Maximizing Compensation: Our goal is to secure the maximum compensation possible for your injuries. We'll assess the damages you've suffered, including medical bills, lost wages, pain and suffering, and future expenses, to ensure you're fairly compensated.
  • Negotiation Skills: We're skilled negotiators and work with insurance companies and the opposing party to seek a fair settlement. Our experience in negotiation often leads to more favorable outcomes for our clients without the need for a trial.
  • Litigation Support: In the event negotiations don't yield a fair settlement, we're prepared to represent you in court. Our team is experienced in litigation, presenting a strong case to a judge and jury if necessary.
  • Peace of Mind: Dealing with injuries and legal matters can be overwhelming. Hiring us allows you to focus on your recovery while we handle the legal complexities and paperwork on your behalf.

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

our verdicts & settlements Ensuring Justice for Those Wrongfully Injured
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    Rear-End Tractor-Trailer Collision

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    When it comes to fighting for your recovery, we refuse to settle for anything less than the full and fair compensation you deserve.
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