What is Premises Liability?
Premises liability is a legal claim made if you’re hurt on someone else’s property, and your injury is due to the negligence of the property owner or manager. In premises liability, the property owner didn’t take the necessary steps to keep it safe.
Georgia law says that property owners must take steps to ensure their land is safe for all visitors. This duty also applies to those who are led or tricked into coming onto someone’s land. The definition is broad enough to include almost everyone who entered someone else’s property without breaking the law. Slip and fall claims are a common type of premises liability claim.
Proving a Premises Liability Case
Proving a premises liability case or a slip and fall claim is just like proving other types of personal injury cases, but the rules are a little bit different in these special situations. You have to prove the following:
- The property owner should have kept the area safe and free of hazards
- The owner or manager of the property knew about the danger but did nothing to fix it
- You suffered injuries and damages due to the hazards
It can be hard to prove that the owner knew about the problem. But you might be able to do that by:
- Confirming that other people had reported the problem, but nothing was done to fix it
- Proving the hazard existed for a long time
- Speaking with other individuals who were hurt by the dangerous situation
- Proving that workers or other people in charge of the property knew about the dangers
All premises liability cases follow these general rules, but slip and fall claims are the most common type of claim in this broad category.
Other Types of Premises Liability Claims
You can file a premises liability claim when you get hurt on someone else’s property. In addition to slip and fall claims, there are other possible premises liability lawsuits, including:
- Inadequate maintenance or safety
- Negligent security
- Poor water safety (water maintenance or pool safety requirements such as fencing or pool covers)
- Negligent supervision of children
- Dog bites
- Unsafe conditions or unwarranted hazards (like falling items or flooring that gives way)
Essentially, any physical injury arising from the care of property could be considered a premises liability claim.
Damages Available in Premises Liability Claims
Similar to other personal injury lawsuits, you may be able to get monetary damages for various losses, including:
- Loss of Enjoyment of Life
- Mental Anguish or Distress
- Loss of Earning Capacity in the Future
- Lost Wages While You Recover
- Medical Expenses
- Pain and Suffering Damages
You might have a premises liability claim if you or a loved one got hurt on someone else’s property. Many homeowner’s insurance policies will cover this kind of injury, helping you get the money you need to get back on your feet.
Contact the Premises Liability Lawyers at The Brown Firm
If you have been injured, the experienced personal injury attorneys at The Brown Firm offer free consultations to accident victims in Georgia and South Carolina. Call 800-529-1441 to speak with our personal injury team today!
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