The Property Owner’s Duty and Negligence
Premise liability actions require multiple things. First, the owner owes a duty to provide you with a safe visit to the property, but you must establish first that you had a right on that property. For example, if you were visiting a business and were injured on the property, or you were invited by the property owner, then you have a right to be there. If you do not have a right to be on the property and you are injured while trespassing, you cannot find a claim against the owner – regardless of the condition or cause that injured you.
The owner is required under Georgia law to provide you with a safe premises, and prevent individuals from being injured. Therefore, if the owner knows of a potential hazard, he or she must rectify it before it causes injury.
Establishing the Elements of Your Claim
The premise liability elements are the same with all basic claims of negligence. You must establish:
- That there was a duty to provide you with a safe property.
- The owner breached that duty.
- The breach was what led to your injury.
The Notice Requirement
One thing that often goes overlooked in these types of claims is the notice requirement. This requirement focuses on proving that the owner owed a duty to you, the injured party. This is what is referred to as the notice requirement.
As the plaintiff, the burden of proof is on you to show that the defendant was aware of the hazard and did not take steps to prevent your injury after becoming aware of the potential danger. You do not need to show actual knowledge – you can show that it is reasonable to assume that the owner would have known about the hazard, such as stairs that were broken. Also, if the owner fails to perform routine maintenance or inspections, it could be considered negligent enough to prove your case.
In addition, the landlord must have a reasonable amount of time to correct the hazardous condition. For example, if it is snowing (but only for 20 minutes), and you slip on the snow and injure yourself, this is inadequate. While it was snowing and there was a hazardous condition on the property, the owner did not have adequate time to become aware or correct the issue; therefore, he or she would not be considered negligent under the law. If, however, it had been snowing for five days and the owner had not taken precautions to clear the sidewalks, then you could prove negligence.
Have You Been Injured On Someone Else’s Property?
If you’ve been injured due to neglect while on someone else’s property you need to speak with an experienced premises liability lawyer as soon as possible. Contact us online or call our office directly at 855.GA.INJURY or 404.991.5950 to schedule your free consultation.