If you or someone you know has been injured on someone else’s property or at a place of business, then you may have a valid claim against the property owner. Since premises liability law is complicated, it is important to act fast and reach out to an experienced Marietta premises liability lawyer who can help you get the compensation you deserve.
Property and business owners have a legal obligation to maintain reasonably safe conditions on their property. Under Georgia law, a landowner has a legal duty those who lawfully enter his land. Typically, a landowner must maintain their property, land, or business so that it is safe for people who visit. The duty a landowner owes, however, varies depending on the type of visitor. There are three primary categories of visitors; 1) invitees; 2) a licensees; and 3) trespassers.Invitee
An invitee is someone who is explicitly or implicitly invited onto land or property by the owner. Typically, a visitor is on someone’s land for a business purpose is considered an invitee. A landowner’s duty to an invitee is to exercise ordinary care and make sure the property is generally safe and free of any dangerous conditions.Licensee
A licensee is neither an invitee nor a trespasser. A licensee is a visitor who has been explicitly or implicitly been invited onto the property but has not entered the property for business or commercial reasons. An example of a licensee is a social guest who enters the land for convenience or their own gratification. The duty of care owed to a licensee is much lower than the duty owed to an invitee in that the property owner is only liable to a licensee for willful and wanton injury.Trespasser
A trespasser is someone who enters another’s land or property without any express or implied permission to do so for the trespasser’s own benefit or enjoyment. The landowner’s duty to a trespasser is to not create any mantraps that may willfully or wantonly injure the trespasser. The only exception to this general rule is if the landowner is aware or anticipates the trespasser’s presence – then the landowner has a duty to exercise ordinary care and avoid inflicting injury on the trespasser through any active negligence.Common Sources of Premises Liability InjurySlip and Fall
A slip and fall accident is when a visitor slips, trips, or falls and injures themselves on another’s property. Depending on the circumstances of the fall, the injured visitor may have a premises liability claim against the property owner. Slip and fall cases typically arise when there uneven floor boards, liquid or spills on the floor, foreign objects or obstructions in a pathway, and/or other instances in which the property condition causes the slip, trip, or fall.Negligent Security
Negligent security liability is subject to the assumption that landowners have an obligation to their invitees to reasonably protect them from foreseeable criminal acts. A property owner may be held liable for the criminal acts of a third party if the property owner breached his duty by failing to keep the premises safe. Negligent security cases typically arise in places like apartment complexes, hotels, motels, parking garages, malls, or other businesses that have spaces in which crime could easily occur. For example, in a crime ridden neighborhood where an apartment building owner is aware that criminal activity is likely to occur, that property owner must take appropriate measures such as installing proper fencing, gates, and/or locks to alleviate the risk of criminal assault on tenants.Attractive Nuisance
Attractive nuisance is a legal doctrine that applies to children. Where a property owner has something on his land that is man-made, inherently dangerous, and appealing to children, then that property owner has a duty to protect children against foreseeable harm even if the children are trespassers. For example, if a property owner has a swimming pool, that property owner should exercise reasonable care to ensure the swimming pool will not cause harm to children. One way of doing this is installing a pool cover to prevent children from falling into the pool and potentially drowning.Defective Conditions on Property
A property owner may also be held liable for defective or dangerous conditions on the property that injure a visitor. Examples of a dangerous condition include faulty stairs, escalators, elevators, or other property conditions that can lead to injury.Fighting for Your Rights
At Miller Legal Services, Marietta premises liability attorney Norman Miller has the experience to handle your premises liability claim. If you or a loved one has been injured in an accident on someone else’s property, be entitled to damages. Call us at 770-284-3727 or contact us online for a free, confidential consultation.