Premises Liability
- Slip and Fall accidents
- Staircase accidents
- Dog bites/animal attacks
- Swimming pool accidents
- Inadequate security
- Chemical exposure
- Elevator / escalator accidents
- Preventable fires
Establishing Liability in a Premises Liability Case
- The property was dangerous or contained hazardous conditions
- The property owner knew or should have known, about the conditions
- The property owner failed to remove the hazard in a timely manner
- The dangerous conditions caused the victim to suffer an injury
Common Injuries in Premises Liability Cases
- Burns
- Neck injury
- Spinal injury
- Broken bones
- Internal injuries
- Head injury
- Traumatic brain injury
- Paralysis
- Permanent disfigurement
- Amputation
- Drowning
How Can You Tell if You Have a Premises Liability Case?
According to Georgia law, those who are considered to exercise reasonable care to keep their property safe for any “invitee” while they are approaching, exiting, or present on the premises, have a duty to keep the property safe for guests. Georgia statute, O.C.G.A. § 51-3-1 states if someone leads others onto his or her property for any lawful purpose, he or she is “liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” This law does not apply to those on the property illegally. For example, a burglar who slips and falls in a person’s home cannot sue the homeowner for any injuries sustained during the burglary because the burglar is not an invitee.
If you are injured on someone else’s property and the owner had a duty to keep you as “an invitee” safe from any harm, you might be able to pursue a liability case. Pursuing a case involves filing a claim with the owner’s insurance company or suing them in civil court to compensate you for your medical bills, rehabilitation costs, and lost wages. If the injury you sustained was egregious, and the responsible party was criminally negligent, the court might also award you punitive damages, or additional penalties against the responsible party designed to prevent them from repeating the same mistake.
What is an Attractive Nuisance?
- The property owner is aware or should be aware that children are likely to venture onto their land;
- The feature on the property can potentially cause serious injuries or death to a child;
- The benefits of keeping the property safe or the cost needed to address the condition is marginal compared to the risk it poses to children; and
- The property owner failed to take the necessary precautions to eliminate this hazardous condition.
- Swimming pools: These never fail to attract children, so it is imperative that property owners take reasonable precautions to ensure that it is inaccessible to children who wander onto their property.
- Manmade ponds and fountains: These fixtures are meant to make a property look more attractive, but they can also draw in young visitors who might inadvertently injure themselves.
- Play equipment: The equipment property owners keep on their property for themselves or for their own children might appeal to other kids in the neighborhood. Skateboard ramps, jungle gyms, and trampolines are all great fun, but can cause a terrible accident if an unsupervised child visits someone else’s property to play.