Georgia Premises Liability Laws Explained

In Georgia, premises liability is a legal concept or doctrine that ensures property owners, managers, and occupants are held accountable for any accidents or injuries that happen to individuals on their property. This can apply in cases of a residence, business, or other piece of land. As a victim, you may wonder what your legal options are when you slip on spilled milk at the grocery store and become injured. This is where Georgia premises liability laws come in.

In Georgia, these laws offer you the opportunity to demand compensation when you suffer an injury on another’s property. When you venture onto these properties, such as a shopping mall, a neighbor’s house, or a public park, you should be met with a reasonable standard of safety. These laws also speak to the fact that all property owners should ensure their property is safe for visitors. When this does not happen and you suffer harm, Barnes Law Group is here to help.

The Elements of a Georgia Premises Liability Case

In Georgia, in order to ensure your premises liability case is successful and you are awarded the compensation and justice you deserve, you must be able to prove four elements. These elements are:

1. A standard of care was owed: It is important to keep in mind in a premises liability case that property owners are not the only parties who can be held liable for the harm you suffer. Anyone who has exercised a modicum of control over the conditions of the property can be held legally accountable, including a manager or leaser. These individuals owe you a duty of care to ensure their property is safe when you visit.
2. This standard was breached: You must then be able to prove that this duty was breached and that there are unsafe conditions inside the property. In cases of a slip and fall accident, this can include offering evidence of uneven floors, wet or slick surfaces, exposed wires or cords, crumbling staircases, poor lighting, inadequate or missing safety signage, warnings, guardrails, or handrails, and torn or worn carpeting.
3. You sustained damages as a result: You and your personal injury attorney must then be able to demonstrate that this breach of care directly resulted in certain damages. These damages might include medical costs, lost wages, pain and suffering, wrongful death damages, emotional distress, mental anguish, and, in rare cases, punitive damages in order to punish the liable party for gross negligence.
4. The injury was caused by negligence: Finally, you must be able to prove that this breach of care was the direct cause of your injury. This can be done through several forms of evidence, including statements made by anyone who might have witnessed the event, photos or videos of your injuries and the scene of the accident itself, security footage, pay stubs, and medical bills and records.

Cases Considered Premises Liability

According to Georgia law, there are several kinds of cases where an individual might sustain injuries on the property belonging to another individual and therefore quantify the case to be a premises liability case. A few common examples include:

• Dog bites: Instances of dangerous or vicious dog bites can fall under the umbrella of a premises liability case when an attack occurs on a property owner’s land. For example, if a dog bites a guest at someone’s home, the individual who has been harmed may have a premises liability claim against the homeowner and pet owner.
• Slips, trips, and falls: These are often the most common causes of premises liability cases and can occur when an individual slips, trips, or falls due to unsafe conditions on a property. For example, you might walk into a coffee shop and slip on spilled coffee, injuring yourself. You may then be able to hold the coffee shop owner accountable for not cleaning up the spill in a timely and reasonable manner.
• Swimming pool accidents: If an individual leaves a swimming pool uncovered and unfenced and a neighbor child ventures into their pool and drowns, this individual might face a premises liability claim. Folks who own pools are required to ensure certain safety measures are met, such as fencing and pool covers, to ensure drownings do not occur. When these measures are not taken, the pool owner can be held liable.

FAQs

Q: What to Do After a Premises Liability Accident?

A: If you ever find yourself in the aftermath of a premises liability accident, there are several steps you can take to ensure your own safety and well-being, but also the safety and well-being of any future claim. First, move yourself to a place of safety and call the police and emergency services. Then, if you are physically able to, begin to collect photos and videos of both your injuries and the accident itself, along with information for witnesses.

Q: What Is the Statute of Limitations for Personal Injury Claims in Georgia?

A: In Georgia, there is a strict deadline in place for when you are able to file a personal injury claim, such as in the case of premises liability accidents. This deadline is known as a statute of limitations and currently stands at two years. This means that if you do not file your claim within two years, you could lose out on your chances for fair compensation.

Q: What Damages Are Available for a Premises Liability Claim?

A: There are several kinds of damages you may be able to recover in a premises liability claim, depending on the nature and severity of your injuries. These damages can include those for medical costs, including any transportation by ambulance, hospital stay, surgeries, medications, or medical devices that are necessary, lost wages, the loss of a future earning capacity, pain and suffering, wrongful death damages, and in rare cases, punitive damages.

Q: What Are the Most Common Locations for a Premises Liability Accident in Georgia?

A: In Georgia, some of the most common locations or areas where premises liability accidents can occur include homes, bars, retail stores, movie or drama theatres, staircases, restaurants, places of employment, hotels, motels, and resorts, public areas such as a park, grocery stores, office buildings, apartment complexes, parking lots or garages, and private land as long as you are not trespassing.

Speak With a Georgia Personal Injury Lawyer Today

If you have suffered an injury while on the property belonging to another individual, the team at Barnes Law Group is here to help you set things right. Contact our offices today to schedule a free consultation and to learn more regarding our legal services.