Georgia Premises Liability Lawyer
Georgia property owners are responsible for making sure their properties are reasonably free of dangerous conditions or hazards that put visitors at risk. If you were injured due to hazardous conditions on someone else’s public or private property in Georgia, you might have the right to claim compensation in a premises liability claim.
The Georgia premises liability attorneys at Weaver Law Firm can help. For more than 20 years, our hometown firm has provided superior service to injury victims throughout North Georgia. Contact us today to get started with a free consultation and learn more.
What Is Premises Liability?
Premises liability is a legal concept that describes the responsibility of property owners, managers, and occupants to keep their premises reasonably safe for others who visit, reside, or work there. This includes customers, tenants, residents, service workers, and other legal visitors.
Under premises liability law, property owners have a duty to repair dangerous defects on their premises or warn visitors of potential hazards until they can be repaired. If a property owner fails to remedy or warn visitors about potential hazards and someone gets hurt as a result, the property owner may be legally liable.
Premises Liability Statistics
According to research published by the National Floor Safety Institute and the National Safety Council:
- Unsafe floors and flooring materials are contributing factors in more than 2 million fall injuries every year.
- 85 percent of workers’ compensation claims involve employees who sustain injuries after slipping on slick floors at work.
- Nearly 40,000 people died from falls that occurred either at home or at work in one recent year. That year, 880 workers were killed in fall accidents, and 244,000 more were injured so badly they needed time away from work to recover.
- Falls are the leading cause of work-related death in some industries. Construction workers, in particular, are seven times more at-risk than workers in other industries for fatal falls from heights.
Georgia Premises Liability Laws
Georgia premises liability laws say property owners have a duty to ensure visitors and other legal guests are reasonably safe while visiting their premises. However, the extent of that duty is different depending on the status of the visiting person:
- Invitees are expressly or implicitly invited to the property, such as retail customers or invited guests. Invitees are entitled to the highest standard of care. Property owners are responsible for actively maintaining a hazard-free environment for invitees and warning invitees of hazards.
- Licensees are not directly invited to a property, but their presence is legal and expected. Door-to-door salespeople are examples of licensees who can visit properties without express invitations. Property owners have less responsibility toward licensees but are expected to avoid reckless or wanton endangerment.
- Trespassers have neither express nor implied permission to enter a property. Trespassers are not entitled to any particular standard of care from property owners, though property owners cannot intentionally or willfully injure trespassers.
One major exception to premises liability law concerning trespassers involves children. If a child is too young to appreciate the dangers of trespassing, property owners can be liable for injuries under the attractive nuisance doctrine.
The attractive nuisance doctrine says property owners are responsible for exercising reasonable care to remove or repair hazards that are likely to attract children to trespass on the property. This can include things like unattended trampolines or swimming pools, which may be enticing but dangerous to youngsters.
Types of Premises Liability Cases in Georgia
The attorneys of Weaver Law Firm have a wide range of experience handling all types of premises liability claims in Georgia. Many of the cases we handle involve serious injuries caused by:
- Slip and fall accidents from loose flooring, slick surfaces, or spills
- Falling or flying objects, such as from unsecured tools or defective machinery
- Escalators or elevators with defects or malfunctions
- Unsafe staircases with broken steps, missing handrails, or poor design
- Structural defects and structural collapses, such as collapsed decks and balconies
- Toxic exposure to hazardous chemicals, building materials, or pathogens
- Inadequate or missing warnings of dangerous property defects
- Dog bites and other attacks from unattended animals
- Inadequate security in parking lots, garages, exits, or other locations
- Insufficient protection and guarding of swimming pools
- Inadequate maintenance of a property
Elements of Premises Liability Claims
Keep in mind that just because you were injured on someone else’s property does not automatically mean you have grounds for a premises liability claim. Georgia property owners are expected to keep their premises reasonably safe for visitors, but you are also responsible for taking reasonable steps to ensure your own safety.
If you sustain injuries on someone else’s property, you must demonstrate that the four following elements exist to recover compensation in a premises liability claim:
- Dangerous conditions on the premises were likely to cause injury to visitors, even those exercising reasonable care and caution.
- The property owner, manager, or occupant knew about the dangerous conditions or reasonably should have known about them through ordinary care and maintenance.
- The property owner, manager, or occupant failed to remove or repair the dangerous conditions or warn visitors about them.
- You were injured as a direct result of the dangerous conditions.
Compensation in a Premises Liability Claim
The compensation you could obtain from a premises liability claim is intended to reimburse you for personal and financial losses related to your injuries. With the help of a Georgia personal injury lawyer, you could recover money for:
- Past and future medical bills for the treatment of your injuries
- Out-of-pocket costs for incidental expenses like transportation to appointments
- Lost wages from missed time at work
- Lost future earning potential, if you are unable to return to your previous job
- Physical pain, emotional suffering, and mental anguish
Statute of Limitations on Premises Liability Claims in Georgia
Like all states, Georgia has a statute of limitations that defines specific time limits for taking different types of legal action. If you plan to file a premises liability claim in Georgia, you will need to do so before the two-year statute of limitations expires.
The clock on this two-year time limit usually begins ticking on the date of your accident. If you wait too long to file, your claim may be dismissed by the court, and you will likely lose your right to demand compensation for your losses.
No matter how strong your claim may be, it’s always a good idea to leave yourself plenty of breathing room. Contacting a knowledgeable premises liability attorney as soon as possible can help your case start on the right foot and avoid costly setbacks.
Contact a Georgia Premises Liability Attorney Today
When you need a premises liability attorney in Georgia, look no further than the trusted team at Weaver Law Firm. We have the resources and the dedication to handle even the most complex premises liability cases, and our initial consultations are always free. Contact us today to speak directly to an experienced Georgia attorney in a no-cost case review.