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Everything You Need To Know About Georgia’s Premises Liability Laws

Everything You Need To Know About Georgia’s Premises Liability Laws

The legal domain of “premises liability” deals with incidents where a person is hurt or killed while on or close to property owned or controlled by another person or business. In Georgia and most other states, homeowners, landlords, retailers, property managers, or governmental bodies can be sued for negligence in keeping their property reasonably safe for tenants, customers, or other invitees. Refer to this article if you are a resident of Georgia and want to know more about premise liability laws in Georgia.

Types Of Premise Liability Cases:

Several kinds of accidents and cases fall under the category of premise liability. However, regardless of the type of accident, if you sustained injuries on another person or business’s property due to an incident caused by their negligence, you can file a premise liability claim. Some of the types of common cases include:

  • Dog bites
  • Fire safety
  • Escalator and elevator accidents
  • Inadequate supervision of children
  • Slip and fall accidents

Elements of a premises liability case in Georgia:

The plaintiff must establish negligence on the part of the property owner. The burden of proof is with the plaintiff to show that the defendant was aware of the hazard. They would need to gather the necessary evidence to prove how long the alleged unsafe state persisted and what the defendant did or did not do. Once the plaintiff has gathered evidence demonstrating what occurred, they must prove the following:

A Standard Of Care Existed:

Georgia acknowledges that various care standards may apply depending on the case details. Georgia law mandates that commercial and residential property owners take reasonable precautions to keep any “invitee” who enters, leaves, or remains on the premises reasonably safe. It is crucial to stress that only those regarded as invitees are subject to this legal requirement. Persons with the status of “licensee” or “trespasser” are owed a reduced responsibility. 

Your Standard Of Care Was Breached:

The plaintiff must demonstrate that the defendant’s negligence caused the hazardous conditions that resulted in their injuries. This can be done in two ways:

  • Active negligence on the property owner’s part resulted in a dangerous situation. 
  • Or, the property owner should have or knew about the hazardous situation but did nothing to address it in a way that would have prevented an injury.

Plaintiff Sustained Injuries due to negligence:

The injured party must demonstrate that their harm was severe enough to warrant damages. It is difficult to receive compensation if there is not enough evidence to support that you sustained injuries. For instance, if you had a slip and fall accident on a neighbor’s property but did not sustain any injuries, you may not be liable for compensation. 

The plaintiff must demonstrate that the defendant’s conduct—or lack thereof—directly resulted in the harm. Additionally, it might be difficult to demonstrate negligence if an injury occurred on the property but wasn’t brought on by a risk covered by premises liability.

Legal Assistance:

Due to the complicated nature of Georgia’s premise liability laws, victims may find it challenging to obtain the justice they deserve. That’s why it’s crucial to speak with a knowledgeable personal injury lawyer as soon as you can after you hurt yourself. An experienced attorney will be well-versed in liability laws and claims. They will be equipped to develop a compelling case to increase your chances of obtaining just compensation and skilled at determining whether your claim is legitimate.

Final Thoughts:

Georgia law requires anyone who enters another person’s property to exercise reasonable care. You might also consider the plaintiff’s actions and knowledge in any dispute involving premises liability. If they were mostly responsible for what occurred, they wouldn’t be able to sue you for compensation for their injuries.

Christine Crosby

About the author

Christine is the co-founder and editorial director for GRAND Magazine. She is the grandmother of five and great-grandmom (aka Grandmere) to one. She makes her home in St. Petersburg, Florida.

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