Premises Liability Claims in Atlanta, Georgia
Premises liability claims arise when someone is injured because of the property owner’s negligence. This can be as straightforward as a trip and fall situation where the property owner repeatedly failed to fix a known dangerous condition. Fortunately, most of the time when we fall, we suffer minor bruises or scrapes but are largely able to carry on with our lives. Sadly, in other situations, the results of a slip and fall can lead to severe life-altering and permanent injuries, and in some cases, death. Premises liability cases can also arise out of a property owners’ failure to have adequate security on a property. When a property owner knows that their property is in a dangerous area where there has been a high rate of crime, the property owner—uner the law—has a duty to keep it safe for customers and patrons on their property. Unfortunately, cases arises when someone is killed due to violence or is raped, for example, at an apartment complex where the property owner knowingly and negligently failed to take action to quell crime. If you are hurt because of dangerous conditions on another’s property, you might have a legal claim for damages against that property owner. To learn whether you have a claim against a negligent landowner or occupier, call The Moses Firm at 404-721-1050 for a free consultation with one of our dedicated personal injury lawyers.
What Makes Property Dangerous?
Businesses, residences, and other lands can potentially create hazardous situations for anyone who enters those properties. Many dangers are the result of poor maintenance. Cracked and uneven stairs or sidewalks, stairs missing handrails, slippery floors, and building code violations are just some of the ways in which property might be dangerous to others. In some cases, if an owner does not have properly functioning smoke alarms, inadequate security, fire hazards, or has failed to provide warnings regarding hazardous areas such as those that are undergoing construction, injuries to a person visiting that property may result in liability. In other cases, the property is just too dangerous for the public, and it leads to someone being killed, injured, or raped on a property.
What Duty is Owed to Property Users in Atlanta, Georgia?
When it comes to premises liability, the reason that a person is on that property will determine the level of care which that person is owed. There are three categories of property users for the purposes of premises liability, including invitees, licensees, and trespassers.
Invitees, as in the case of a customer entering business premises, are owed the highest duty of care. Owners are required to make the property reasonably secure for these individuals. The duty owed is a reasonableness standard or “ordinary care.” Owners of property who have invitees using the premises should not allow known hazards, such as slippery floors, to persist on their land.
Licensees, who are people on the land for their own purposes or as social guests, get a slightly lesser degree of care. Owners cannot “recklessly or wantonly” place these individuals in harm’s way.
The least care is owed to trespassing individuals, which means people who do not have permission to be on the property. Owners still cannot intentionally or willfully injure trespassers.
What are Common Premises Liability Injuries?
Slip and falls are the most commonly thought-of premises liability accidents. Slip and falls can occur because of slippery floors, cracked floors, uneven steps, and many other hazardous conditions. In some instances, robbery and assaults may result because a location did not maintain adequate security. In those cases, the injured victim may have a premises liability claim against the property owner or manager.
Common injuries caused by premises liability accidents include brain trauma, head injuries, fractured bones, injuries to the back and neck, and many other types of harm, including catastrophic injuries.
Negligence in Premises Liability Cases
Indicating that a defendant was negligent and that the negligence led to your injuries will require showing that the individual failed to meet the required standard of care. In many cases, the question will be whether the defendant was aware that the property had a dangerous condition. For instance, if the manager of the store is aware of a spill and fails to clean that spill off of the ground or even to place signs warning customers of the dangerous condition, then a person who falls because of that spill will likely have a claim against the property owner or manager. In some cases, showing that the property owner should have known of the dangerous condition will be enough to hold the owner liable.
If you have questions regarding whether you have a premises liability claim, contact an Atlanta, Georgia personal injury attorney.
Call the Atlanta Personal Injury Attorneys at The Moses Firm Today
At The Moses Firm, our attorneys are dedicated to advocating on behalf of injury victims in Atlanta. Call us today at 404-721-1050 to speak to an experienced personal injury attorney.