Owner/Partner
Unfortunately, we often hear about cases of individuals getting hurt on the property of others. These are known as premises liability cases, which arise when an individual is injured on someone else’s property due to a hazardous condition that the owner failed to address. The outcomes of these cases can significantly impact the injured party and the property owner. Understanding the types, essential elements, and potential damages involved in premises liability is crucial for anyone injured in a premises liability situation.
What Are The Different Types of Premises Liability Cases?
Premises liability in Georgia involves a variety of scenarios, each with unique circumstances and legal considerations:
Slip and Fall Accidents: These are the most recognized premises liability claims. They occur when a person slips, trips, or falls due to a dangerous condition on the property, such as wet floors, uneven surfaces, or poorly lit stairwells.
Negligent Security: Property owners can be held liable for injuries caused by inadequate security measures. These can include a lack of lighting, broken locks, or insufficient security personnel that could otherwise prevent assault or theft.
Swimming Pool Accidents: Injuries in swimming pool areas can include drowning or injuries from slipping on wet surfaces. Owners must adhere to specific regulations to secure these areas and prevent accidents.
Dog Bites: In Georgia, pet owners are responsible for injuries caused by their animals if they know the animal tends to cause harm.
Toxic Chemical Exposure: Property owners may be liable for exposure to hazardous substances like mold, lead paint, or chemical spills.
Elevator and Escalator Accidents: Injuries caused by malfunctioning elevators or escalators can also be grounds for premises liability claims. These accidents often result from poor maintenance or mechanical defects.
Falling Object Claims: These claims involve injuries caused by objects falling from shelves, buildings, or other structures. These injuries can happen in retail stores, construction sites, or other public areas.
Toxic Exposure Claims: Exposure to harmful substances like asbestos, mold, or chemicals on someone else’s property can lead to serious health issues and result in premises liability claims.
Fire and Building Code Violations: Injuries from fires or building collapses due to code violations can also lead to premises liability claims. Property owners must adhere to building codes and fire safety regulations.
What Are The Elements of a Premises Liability Claim?
To succeed in a premises liability claim in Georgia, the injured party must establish certain key elements:
- Duty of Care: The property owner had a legal responsibility to ensure the safety of the property.
- Determining Legal Duty: The attorney will assess whether the property owner owes the injured party a legal duty of care. In Georgia, the duty of care varies depending on the injured person’s status (invitee, licensee, or trespasser).
- Invitee: A person invited onto the property for the owner’s benefit (for example, customers in a store). The property owner owes a high duty of care to keep the premises safe.
- Licensee: A person who enters the property for their purposes with the owner’s consent (for example, social guests). The owner owes a duty to warn of known dangers.
- Trespasser: A person who enters the property without permission. The owner has a limited duty to avoid causing willful or wanton harm.
- Breach of Duty: The owner failed to meet this duty through negligence or omission.
- Causation: The owner’s failure directly caused the injury.
- Damages: Damages in premises liability cases aim to compensate the injured party for their losses. These can include 1) Economic damages, which cover medical expenses, rehabilitation costs, lost wages, and future earnings; 2) Non-economic damages, which address pain and suffering, emotional distress, and loss of enjoyment of life; 3) Punitive damages, which may be awarded in cases of gross negligence to punish the wrongdoer and deter similar conduct in the future.
Remember that Georgia follows a modified comparative negligence rule, meaning that if the injured party is found to be 50% or more at fault for the accident, they cannot recover damages.
Steps in a Premises Liability Case in Georgia
- Consultation with an Attorney: The first step is to consult a personal injury attorney to evaluate your case. The attorney will review the details of the incident, including the location, cause of the injury, and the severity of the injury.
- Investigation: The attorney will conduct a thorough investigation of the accident, which includes gathering evidence such as photographs, video footage, witness statements, accident reports, and medical records. The inquiry may also determine whether the property owner noticed the dangerous condition.
- Determining Legal Duty: The attorney will assess whether the property owner owes the injured party a legal duty of care (as discussed above).
- Filing the Claim: If the investigation supports the claim, the attorney will file a premises liability lawsuit on behalf of the injured party. The complaint will outline the facts of the case, the legal basis for the claim, and the damages sought.
- Discovery: During the discovery phase, both parties exchange information, including documents, depositions, and interrogatories. This process helps both sides gather the evidence to support their claims or defenses.
- Negotiation and Settlement: In many cases, the parties may negotiate a settlement to avoid going to trial. An experienced attorney will deal with the property owner’s insurance company to reach a fair settlement that compensates the injured party for medical expenses, lost wages, pain and suffering, and other damages.
- Trial: The case will go to trial if a settlement cannot be reached. Both sides will present evidence and arguments before a judge or jury, who will determine whether the property owner is liable.
Why Is It Important To Have An Attorney?
Having an attorney for a premises liability case in Georgia is crucial because an attorney understands Georgia’s premises liability laws and can navigate the legal complexities of your case. In addition, attorneys have the resources to gather and preserve critical evidence, such as surveillance footage, which can be challenging to obtain without legal assistance. Insurance companies often try to minimize payouts. An attorney can negotiate on your behalf to ensure you receive fair compensation. If your case goes to trial, an attorney will represent you in court, presenting evidence and arguing your case to secure a favorable outcome. Lastly, an attorney can assess all possible damages, including future medical expenses and lost earning potential, to ensure you receive comprehensive compensation.
Takeaway
Premises liability law in Georgia ensures that property owners maintain a safe environment for those who enter their premises. Understanding the types and elements of premises liability is the first step toward achieving justice for individuals injured on someone else’s property. Meanwhile, property owners should adhere to safety standards to prevent such incidents and the resulting legal consequences.
Having an experienced attorney by your side increases your chances of successfully proving fault and obtaining the compensation you deserve. Gautreaux Law has dedicated, highly skilled premises liability attorneys who can assist you with every aspect of your case. We will work hard to ensure that you achieve the result you deserve.