What is Premises Liability?

Categories: Premises Liability

Shoes on stairs liability

Georgia’s premises liability laws require all property owners and land occupants to be prudent and exercise care to keep their premises safe for all guests and invitees. While it is a legal requirement, that does not mean all property owners follow it. In fact, each year hundreds of individuals are injured on a property due to dangerous conditions, including inadequate security, slippery surfaces, poor lighting, defective stairs, and poor maintenance.

Defective conditions that are not corrected become the liability of the property owner.

It is important to understand how Georgia’s premises liability laws work, but also to speak with an injury attorney if you were injured in an accident on someone’s property. An attorney must evaluate your case, explore the facts and circumstances that led to your injury, then determine if you have a premises liability claim.

Is Your Premises Liability Case Viable?

To hold an owner or manager responsible for your injuries, three specific factors must be met:

  1. The defendant is the owner. The person you name responsible for your injuries must be the owner or occupier of the land where you were injured.
  2. You must have a right to be there. You cannot trespass on someone’s property in Georgia and then sue them for injuries you sustain as a result. Instead, you must have an expressed or implied invitation to be there or be on the property for lawful purposes.
  3. Failure to exercise. Your injuries must be the direct result of an accident that occurred because of the defendant’s failure to exercise the proper or reasonable care of their property.

Who is an Invitee?

An invitee is anyone that is allowed to be on the property because he or she is doing business with the owner. An invitee receives the highest level of protection under Georgia premises liability laws and includes hotel guests, restaurant diners, shoppers, and other customers of commercial establishments.

For guests, property owners must inspect their premises regularly and ensure there are no dangers or hazards. They also must correct any obvious dangers or hazards without a reasonable amount of time. If they cannot correct them quickly, they are required to warn guests of those hazards. Failing to warn is just as negligent as failing to fix the issue.

Typical Examples of Premises Liability

While premises liability can encompass a wide range of incidents, some more common examples include:

  • Negligent Security – When an assault or other crime happens because the premises failed to provide their invitees and guests with proper security.
  • Slip and Fall Accidents – These can occur indoors and outdoors and are often on slippery or wet surfaces, such as ice or spills.
  • Swimming Pool Accidents – Incidents inside or around the swimming pool may be an issue of premises liability.
  • Stairway Accidents – Falls, trips, and slips on stairs because of defects, lack of handrails or failure to construct to building safety codes could constitute civil charges.
  • Nursing Home Accidents – Slips, trips, falls, and other injuries that occur due to poorly maintained nursing homes.
  • Amusement and Carnival Accidents – The companies that offer these events are required to ensure all rides and equipment are safe. Failure to do so could result in a premises liability case.

Use a Law Firm with Years of Experience in Premises Liability Cases

Whether you have suffered from a slip and fall, stairway accident, or another incident that occurred on a person’s property, you may be entitled to compensation for your injuries.

To fully explore your options, speak with a personal injury attorney from Van Sant Law, LLC. Schedule a free consultation now at 404-991-5950 or request more information online.