Premises Liability Law in Atlanta, Georgia
When you patronize a restaurant, bar, hotel or any other public premises you expect to be safe. You should leave the premises in the same state as you were when you went in. The owners of the properties have an obligation to make sure you are safe even if they are extremely busy.
Should you receive injuries while on a business’ premises, you can file a lawsuit against the property owners. Before you do so, get know what the law states about premises liability.
What an Atlanta Personal Injury Attorney Will Tell You about Premises Liability Law
Georgia premises liability law holds property owners accountable when serious injuries occur on their premises due to dangerous conditions. An example is if you are at a shopping mall and you slip and fall due to a wet floor. The mall owners or tenants are liable for your injuries. You can, therefore, talk to a personal injury lawyer in Atlanta, GA to sue for damages.
Under the premises liability law, you must, however, prove certain things for your claim to be successful. The law states you must show that you took reasonable care for your safety while on the property. You must also demonstrate that an owner knew or should have been aware of the unsafe conditions on their premises. Further, you must show they had enough time to warn you or fix the hazards but didn’t do that. Finally, your Atlanta personal injury attorney must show that dangerous conditions on the premises caused your injuries. A dangerous condition on a property can include:
- Icy or wet walkways
- Vicious dogs
- Falling debris
- Inadequate or non-existent fencing around a swimming pool
- Inadequate security
- Toxic material emitted
- Open holes in construction sites
The Georgia premises liability law doesn’t only apply to hotel, restaurant or mall owners and tenants. You can sue other businesses if you are injured while on their property. You can also take private homeowners and the government to court. If they were negligent and that caused you to be injured, they should offer compensation.
A Personal Injury Lawyer in Atlanta Will need to Verify Your Status on a Property before Taking on Your Case
The Georgia premise liability law places people injured on a property into three categories. A victim can be an invitee, a licensee or a trespasser.
A trespasser is someone who is on a property without permission from the owner. Should they be injured while on the premises, the property owner cannot be asked to pay damages. The individual was there illegally, and the owner had no duty of care towards them. They were, therefore, not responsible for keeping them safe.
An invitee is someone who has been allowed onto the property by the owner or occupier. This could be a customer, friend, servant or neighbor. Because they have invited them to their property, the owners must ensure they are safe while there. A licensee is neither a customer, trespasser nor servant. They are however allowed onto the premises for their own interests. This could a mailman or salesperson.
The invitee is accorded the most duty of care by a property owner. The owners should do all they can to ensure no injury occurs to them. A premises owner also has some duty of care towards a licensee. However, it is lower than that given to an invitee. They can warn them, for example, of the presence of vicious dogs on their property so they exercise caution. Depending on your status, an attorney will advise if you have a valid premises liability case.
Contact an Atlanta Personal Injury Lawyer
A personal injury lawyer Atlanta, GA can help you if you were injured while on another person’s property. They will investigate your case to get the facts. They will then build a solid case to ensure the owner is held liable for negligence. It is only fair they pay for the medical costs, pain and suffering, lost wages and other damages we seek. At Ted A. Greve & Associates we have the expertise to prove negligence in a premise liability case. Be it a slip and fall case, dog bite or any other accident we will ably represent you. Call us for a free consultation. We will listen to your story and advise on the legal options available for you. For more information on our premises liability law, please visit our site.