Premises liability lawsuits happen when someone has been injured or killed
while they were on or near property owned or controlled by another person
or business. Whether the individual who owned the property was a landlord,
homeowner, retailer, business franchise, government entity, or property
manager, a person may sue based on the negligence of someone who was responsible
for managing the safety of the area.
Dangerous conditions can happen in any area that isn’t properly maintained.
For example, if the floor is weak in particular areas of a person’s
house, they are putting themselves at risk if, one day, their foot falls
through the floorboards and into the space beneath. As a homeowner, it’s
their decision whether or not they want to risk an injury. However, if
they invite someone over, and that person ends up breaking an ankle because
of the weak floor, the person could sue.
As an owner or occupier or property, you are responsible for making sure
everyone there is safe or appropriately warned of potential hazards. In
a grocery store, the owner would be responsible for ensuring his or her
staff promptly cleans up spills when they happen. If cleaning the spill
is impossible at that moment, someone should at least post a sign warning
other customers of the potential slip-and-fall hazard.
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 doesn’t apply to those there
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 were injured on someone else’s property, you are an invitee,
and the owner had a duty to keep you 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.
Some injuries that people can sustain in an average premises liability
accident include some of the following:
- Neck injury
- Spinal injury
- Broken bones
- Internal injuries
- Head injury
- Traumatic brain injury
- Permanent disfigurement
- Children’s injuries
If you think you have a good case, or you would like to discuss your situation
with an experienced
Atlanta premises liability attorney, give us a call.
Chuck Clay & Associates, LLC is known for its skilled advocates and excellent service. Our goal is
to do what is best for our clients, and we are dedicated to helping the
victims of negligence seek compensation for their injuries. Let us see
what we can do for you.
Contact us at (404) 998-5258 or fill out our online form to schedule a free case
review with us today. We look forward to speaking with you.