Premises liability is an area of law allowing an injured person to take legal action against damages negligent property owners, possessors, or managers and collect a settlement after an accident leading to. Accidents happen all the time and often while on another party’s property. An incident, such as slipping while in a store, does not always mean there is cause to file a lawsuit.
The owner must have known or should have known about the hazard to hold them financially responsible. You could be eligible for a payout to cover your injuries and losses when you were in an accident while on someone else’s property. Call a diligent Lithia Springs premises liability lawyer to schedule an appointment for more information. A personal injury attorney could investigate a claim to determine liability.
Examples of Accidents Leading to Premises Liability Lawsuits
Hazards that present risks to property visitors and foreseeable physical harm can result in premises liability lawsuits when people suffer the consequences of a negligent landowner. Foreseeable harm means that any reasonable party would expect the property hazard to result in injuries and place guests at risk of an avoidable accident. Some examples of premises hazards include:
- Cluttered walkways
- Dog bites and attacks
- Broken steps or handrails
- Swimming pool accidents
- Loose carpets or floorboards
- Inadequate lighting and security
- Wet or waxed and slippery floors
- Building code violations, such as obstructed fire escapes and other hazards
A Lithia Springs premises liability attorney can answer specific questions about the process to initiate legal action and possible outcomes after reviewing your case.
The Legal Obligation of Property Owners
It is reasonable for anyone walking into a store or other public place to expect a safe experience. Per the guidance of Georgia Code Annotated § 51-3-1, landowners in the state must exercise appropriate caution and keep their property, including indoors, outside, walking areas, and parking lots, reasonably safe for invitees who enter. That means regular maintenance, upkeep, and inspections to discover hidden defects with unreasonable risks.
They must also warn the invitees of the hazard until they complete the repair. An invitee is a guest the property owner invites to enter the premises for business purposes. The invitation can be implied, such as shopping centers, or a written or verbal express request to induce them to visit. When they fail to meet the required minimum standard described by the statute, and the invitee sustains damages, the property owner is financially responsible for covering their injuries and losses.
The Necessary Elements Needed to Prove Liability
Specific elements must be present in premises liability lawsuits to successfully prove fault and collect damages. They include duty, breach, causation, and damages.
- Evidence of duty to keep the plaintiff safe from foreseeable harm, such as a grocery store owner and customer relationship
- The defendant failed to act or warn of the risks causing a breach of their obligations under the law
- The property owner’s carelessness was the cause of the ancient and resulting damages
- The individual suffered verifiable damages, such as documentation and evidence of bodily injuries and property damage
When the claim for damages does not establish each element, the court will deny compensation due to the lack of proof of fault. A premises liability lawyer in Lithia Springs could review your case and investigate to determine if there is cause for legal action and gather the evidence to collect compensation successfully.
Call a Practiced Premises Liability Attorney in Lithia Springs Today
State laws require landowners to keep the property safe for visitors they invite onto the grounds for business purposes. You have every right to take legal action when a careless owner caused you or a loved one to suffer harm.
A Lithia Springs premises liability lawyer could help you pursue a civil claim, which could cover your damages and losses while holding the opposing party responsible for their thoughtless actions. Call today to schedule a consultation with one of our skilled attorneys to review your case and legal options.
N/a