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remises Liability
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Premises Liability is an area of law that refers to the legal responsibility of property owners or occupiers to ensure the safety of individuals who enter their premises, meaning their grounds, buildings, and property.
This legal concept holds property owners accountable for any injuries or damages that occur due to dangerous conditions on their property.
Premises liability laws vary from state to state, and in the case of Georgia, there are specific regulations that govern this area of law.
In Georgia, premises liability is primarily covered by the Georgia Code, Title 51, Chapter 3, which outlines the duty of care of property owners or occupants such as renters to persons who enter their premises. This means business owners, homeowners, and apartment complex owners as examples of property owners.
If you are renting a property, you are also responsible for keeping the property safe.
According to Georgia law, owners and occupants have a duty to exercise reasonable care in maintaining their property and ensuring that it is reasonably safe for visitors. They must also warn visitors of any known hazards or dangers that may not be immediately apparent.
When that duty of care has been violated, and you are injured as a result, you may have a case of recovering damages. As a Georgia personal injury lawyer familiar with this area of law, Joshua J. Smith can help you sue for and recover compensation for damages such as medical bills, loss of wages, pain & suffering, and other related reparations.
Who May Enter a Property?
There are two main categories of individuals who may enter a property: invitees and licensees. Property owners have a higher duty of care towards invitees compared to licensees.
1. Invitees are individuals who are invited onto the premises for business purposes, such as customers in a store
2. Licensees are individuals who enter the premises for their own purposes, such as social guests.
A thief breaking and entering your property who gets injured, say bitten by your dog, can be different liability-wise. Using the example of a dog bite, if your dog bites a delivery person, you may be liable for the injuries caused by your dog.
In the case of a dog biting a thief, the liability could potentially be different. The dog owner may have a legal defense based on the principle of “trespasser liability.” This means that if an individual unlawfully enters your property, they assume certain risks, including encountering a potentially aggressive dog.
Here are Some Examples of Premises Liability Cases
1. Slip and Fall Accident: Imagine a customer in a grocery store who slips and falls on a recently mopped floor without any warning signs. If it can be proven that the store owner or employees were negligent in failing to provide a warning or take proper precautions, the injured customer may have a valid premises liability claim.
2. Negligent Security: Suppose an individual is assaulted in a poorly lit parking lot outside their apartment due to inadequate security measures, such as unrepaired lights, broken surveillance cameras, and a lack of security personnel. In this case, if it can be shown that the property owner was aware of previous criminal activity on the premises but failed to take reasonable steps to address security, they may be held liable for the injuries sustained by the victim.
3. Dog Bite: Suppose a dog bites a delivery person. In Georgia dog owners are held liable for injuries caused by their dogs, regardless of whether the owner was aware of the dog’s propensity to bite. This means that the owner can be held responsible for damages, medical expenses, and other losses resulting from the dog bite. Some jurisdictions may have exceptions if the victim was trespassing or provoking the dog, but it’s important to consult with a local attorney familiar with local laws to understand the specific rules in your area.
In these examples, the injured parties may seek compensation for their medical expenses, pain and suffering, lost wages, and other damages resulting from the property owner’s negligence.
Seek Advice from Personal Injury Lawyer Joshua J. Smith
Many home, community, vehicle, and workplace types of injuries happen every year in the USA. The National Security Council compiles statistics that illustrate the high rate of preventable injuries and deaths.
If you were injured due to the negligence or recklessness of someone else, you may be able to get compensation. The offices of Joshua J. Smith Attorney At Law can determine if you have a case and whether it is worth pursuing. Joshua Smith is a skilled personal injury lawyer who will examine your case and advise you about the possibilities. We will put our efforts into recovering as much as possible, so you get the compensation you need and deserve for your injuries, your financial losses, and other expenses.
Contact us for more information or to set up a free consultation.
Contact Attorney Smith Today
We are located at 207 West King St, Dalton, GA 30720. Please call (706) 217-2095 for an appointment or contact us here on our website. If necessary, we can arrange to visit you at your home.
