Calvin Smith Law - The Injury Lawyers

Premises Liability Claim in Georgia: Essential Elements

premises liability claim

The activities you engage in day to day generally involve commercial real estate. From dining at a restaurant with friends to going to a dental appointment and running errands, you spend much of your time in business-related activities. If you are not expecting damage from a property manager or landlord, you may not know that you are eligible for a premises liability claim in Georgia. These types of incidents are a major source of lawsuits and represent an important area of law. The negligence of a landlord or property manager can harm you, but a local liability attorney has experience handling these types of cases.

If an accident victim is injured due to these and other unsafe conditions, the owner or occupier of the property can be held liable under Georgia premises liability law.

Common Premises Liability Claim in Georgia:

In general, local liability claims are unique to each circumstance, but a few types are commonly filed:

  • Slip and Fall Accidents
  • Elevator and Escalator Accidents
  • Complaints related to safety negligence
  • Injuries caused by building code violations
  • Dog bites
  • Swimming pool accidents and other nuisances
  • Accidents triggered by inadequate lighting
  • Injuries sustained by impaired or ill-constructed stairs

Your Claim Consists of the Following Specific Elements:

While every local liability claim is unique, each must have specific elements (making them essential elements).

Duty of Care:

You must first prove that the owner or manager of the property owes you a legal duty of care. Generally, this can be accomplished fairly easily. For example, commercial property owners are legally required to maintain their premises in a reasonably safe condition for the following purposes:

  • Customers
  • Guests, including customers
  • Employees
  • Patients
  • Other visitors

As a guest of the owner or manager, you are owed a duty of special care, which implies that the premises are in the same reasonable state of repair as those of other reasonable owners and managers in similar circumstances. It depends on your status on that property, which is often determined by the reason why you were staying or staying at that particular local property, whether you are owed care and what you have to do to provide that care.

Breach of Responsibility:

It would be difficult to prove negligence on the part of the owner or manager without proof that they breached the duty of care they owed to you. The property owner did not meet the acceptable standards of maintenance recommended by other reasonable property owners and managers. For example, if a particular portion of a grocery store is left unattended for a long time, and you accidentally slip and fall in that space, would automatically result in a breach of duty of care.

Direct Correlation:

To satisfy this third element, it is not enough for the property owner or manager to have been negligent. Their negligence must cause your injuries directly to cause the accident. An example of this would be that the grocery store owner neglected to clean up a long-standing spill, which explains why you slipped and fell; therefore, cause and effect should be directly related.

Covered Damages:

A liability claim must be successful if you can demonstrate that your injuries caused a loss or damage which was covered by the law. When you have established the following elements, you can file a local liability action.

  • Medical expenses
  • Loss of earnings at work
  • Pain and suffering.

Statute of Limitation:

A statute of limitations outlines the time limit within which your case can be brought, and each state has its laws, regulations, and restrictions related to local liability actions. If you would like to learn more about the statute of limitations and how it may affect your case, advise an attorney.

Protecting Your Claim from the Start:

It is imperative to prevent local liability claims from being filed in the first place since they are complicated and being compensated is likely critical to your health and well-being. A premises liability claim in Georgia for negligence can be complicated and getting the compensation you are entitled to may be difficult. Local liability claims for negligence can be complicated and getting the compensation you are entitled to may be difficult.

Call Us:

Our team is here for you for your premises liability claim in Georgia, so do not hesitate to call or e-mail us. Our qualified attorneys are here to help you throughout your case and will assist you to navigate your case. We will ensure you are provided justice.

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