A premises liability case arises when a property owner’s negligence causes injuries to someone else. Like with every other personal injury claim, the injured person can claim compensation for their hurt in premises liability cases. Damages usually include medical bills, lost income, non-economic damages, etc. With a premises liability attorney by your side, you can get the best settlement amounts possible.
However, it’s not always that injury on someone else’s property leads to a valid personal injury claim. Georgia’s premises liability laws hold property owners to varying standards of care depending on who the victim is. While premises owners must ensure the safety of some types of people, they’re not responsible for caring for specific others.
So, eligibility for a premises liability claim largely depends on the capacity in which you’re visiting someone else’s property. It also depends on a lot of other factors. This article will discuss all you need to know about the different types of visitors under Georgia’s premises laws.
What Are the Most Common Premises Liability Claims in Georgia?
Numerous incidents can lead to premises liability claims in Georgia. The most common ones include:
Slip and Fall Accidents
Slips and falls happen when trips over an object or slippery surface and tumbles. This type of accident makes one of the most common premises liability cases. They usually result in traumatic brain injuries, spinal cord injuries, and fractures.
Dogs have dangerous propensities. As such, dog owners must protect their visitors from them. Vicious dogs can attack innocent guests and make them suffer debilitating injuries.
Swimming Pool Accidents
A significant number of personal liability accidents happen in and around swimming pools and other recreational centers. That’s especially when children are involved. As a result, swimming pool owners must ensure that their guests are safe from harm as much as possible.
Crimes like rape and assault are likely to happen in insecure environments. To avoid those, premises owners must provide adequate security for their visitors.
Elevator and Escalator Accidents
Elevators and escalators are valuable and convenient machines for movement. However, they can be dangerous too and lead to severe/life-threatening injuries.
How Does Georgia’s Premises Liability Law Categorize Visitors?
The following are the major types of private property visitors in the state:
Invitees are those who honor requests to be at someone’s property. So, if someone asked you to come to their homes, either indirectly, verbally, or in writing, you’re an invitee. Property owners owe their invitees the highest standard of care compared to other types of visitors. Examples of invitees include home guests, tenants at an apartment, customers in business premises, etc.
While property owners don’t invite licensees to their premises, they allow them to be there. As such, they owe them some duty of care, even though it’s on a lower standard than that of invitees. Licensees are usually on the premises for personal benefits. For example, a salesperson is a licensee.
Anyone who a property owner doesn’t invite or allow into the premises is a trespasser. Usually, these unwanted visitors are on the premises to further some illegal or criminal activity. Property owners don’t owe trespassers any duty of care. As such, trespassers cannot hold the property owners responsible for their injuries.
Essential Elements for Proving Premises Liability
To qualify for premises liability compensation, you must be able to prove the following elements:
Control Over Property
The defendant in a premises liability case must have authority over the property in some way. They must either own the premises or be responsible for its maintenance.
You must also show that the defendants’ actions or inactions caused your accident. For example, they may have failed to fix or warn you about a dangerous condition on their property.
Regardless of how scary the accident was, you wouldn’t get compensation if you can’t prove that you sustained any injuries.
You must prove that the injuries you sustained on someone else’s premises are directly linked to their careless actions.
Reach Out to Our Experienced Premises Liability Lawyers ASAP!
If you believe that you’re eligible for a premises liability claim, our attorneys at Calvin Smith Law can help. With our extensive experience in Georgia’s premises liability law practice, we’ll help you secure maximum compensation.
Our personal injury lawyers have impeccable track records of success in delivering the best results for injured victims in Georgia. So, take advantage of our top-notch legal services by scheduling a free consultation with us today. We are eager to walk you through the most suitable options for your case.