Defective Property Conditions

Property owners have an obligation to maintain their premises in reasonably safe conditions so as not to cause unnecessary, avoidable harm to those who enter the property. Defective conditions can lead to serious and even catastrophic injuries. At Miller Legal Services, our premises liability lawyers represent individuals in Marietta and elsewhere in Georgia who have been involved in accidents on other people’s property. These cases can be challenging, but our team has years of experience handling these types of claims and seeking compensation for victims.

Defective property conditions can be the result of poor design, faulty construction, or insufficient maintenance. They can include missing or damaged stairs, slippery floors, insufficient handrails, broken sidewalks, damaged doors or windows, or loose tiles. Injuries arising from defective conditions can range from minor to serious. When you have been hurt on someone else’s property, you may be able to seek compensation for your harm, including medical bills, lost wages and benefits, pain and suffering, and more.

Premises liability claims are rooted in the theory of negligence, which is the failure to take proper care when doing something. In order to prevail on this type of claim, the plaintiff must demonstrate that the defendant owed him or her a duty of care, the duty was breached, the breach was the direct cause of the victim’s injury, and actual damages arose from the accident.

These cases may be complex because the duty of care a property owner owes an individual depends on the individual’s status on the land. There are three general categories. A person can be an invitee, a licensee, or a trespasser. An invitee refers to a person who is invited onto the land by the property owner for a business purpose. For example, a customer who is at a store would be considered an invitee. These people are owed the highest duty of care. When it comes to an invitee, a property owner is legally obligated to make sure the property is generally safe and free of hazards.

A licensee is an individual who has permission from the property owner to be on the premises. A licensee does not, however, enter for business purposes. Instead, a licensee visits the property for social or other non-commercial reasons. A property owner may be liable to a licensee for recklessly exposing that person to hidden dangers of which the owner knows or reasonably should know.

A trespasser is an individual who enters another’s property without the property owner’s permission. They are owed the lowest duty of care. Under Georgia law, a property owner’s duty to a trespasser generally is to not deliberately injure him or her. However, there may be different rules when the trespasser is a child.

It is important to note that premises liability claims must be filed within a certain time frame, known as the statute of limitations. Under Georgia law, a personal injury lawsuit must be filed no later than two years from the date of the accident.

A person can be seriously hurt when a property owner fails to maintain its premises in a reasonably safe condition. If you or someone you know was harmed on someone else’s property in the Marietta area, it is important to consult an injury attorney who can assess the merits of your case. At Miller Legal Services, we will work diligently to assert your rights. We represent individuals in communities throughout Georgia, including Smyrna and Roswell. To set up a free appointment about your case, call us at 770-284-3727 or contact us online.