Premises Liability

Legal Definition Under Georgia State Law

Premises liability is a legal claim that’s asserted when you’re injured on someone else’s property because the property owner or manager failed to exercise ordinary care in keeping the property safe.  

Georgia law requires that all property owners take steps to ensure that their property is safe for everyone that is invited onto their land. This obligation extends to those who are led or induced to come on land as well. The definition is broad enough to cover virtually everyone who is not trespassing when they entered someone else’s property. One of the most common types of premises liability cases involves slip and fall claims. 

How Do You Prove a Premises Liability Case?

Proving a premises liability case or slip and fall claim is a lot like other similar types of personal injury cases. But, the rules are slightly different for these unique cases. You must show:

1. The property owner had a duty to you to keep the area safe and clear from dangers
2. The property owner or manager knew about the hazard and failed to do anything about it
3. You suffered damages because of the slip and fall

Showing that a property owner knew about the condition can be tricky. But, you may be able to do that by:

• Showing the condition was there for a long time
• Proving that employees or other property caretakers knew about the condition
• Bringing in other people who were also harmed by the dangerous condition
• Showing that other people reported the condition but that nothing was done to address it

These general rules apply across all types of premises liability cases, but slip and fall cases are by far the most common type of claim that fall under this broad category. 

What Are Other Types of Premises Liability Claims?

Premises liability is a wide-ranging category of legal claims that deal with getting hurt on someone else’s property.  Other potential premises liability lawsuits that go beyond slip and fall claims are:

• Dog bite claims
• Inadequate maintenance or safety
• Negligent security
• Unsafe conditions or unwarranted hazards (falling items or flooring that gives way, for example)
• Negligent supervision of children
• Poor water safety (water maintenance or pool safety requirements such as fencing or pool covers)

Essentially, any physical injury that arises out of the care of property could be considered a premises liability claim. 

What Kind of Damages Are Available in Premises Liability Claims?

Just like other personal injury lawsuits, you may be able to recover money damages for a variety of potential losses.  These include things like:

• Medical expenses
• Lost wages while you recover
• Loss of earning capacity in the future
• Pain and suffering damages
• Loss of enjoyment of life
• Mental anguish or distress

If you or a loved one were hurt on someone else’s property, you might have a premises liability claim. Many homeowners’ insurance policies will cover this type of injury, which can help you get the money damages you need to get back on your feet. Let John Foy & Associates help you get the process started. Fill out the form to your right, or call us at 404-400-4000 to get your FREE consultation today.