When property owners are aware that dangerous conditions exist that can injure others, it’s their responsibility to remedy the situation. Failure to keep others safe can cause them to be held liable for injuries and other damages.
If you’ve been injured due to the negligence of a property’s owner, management, or occupant, working with an experienced personal injury attorney who understands premises liability can help you get the compensation you deserve.
Negligence and Premises Liability
Premises liability cases focus on the duty of care that property owners have to their visitors. They must carry out the maintenance and repairs that keep their properties safe and prevent accidents and injuries.
If a property owner’s negligence leads to an accident, they can be held legally responsible as long as that negligence is proven in a court of law. The level of liability will be determined by the extent of their negligence.
Dangerous conditions are the result of inadequate maintenance or faulty construction among other factors. Injuries result from falls, exposure to dangerous materials, malfunctioning machinery, and falling debris.
It’s impossible to prevent every possible accident. So depending on the circumstances of your case, you may not be able to hold a property owner liable for your injuries.
In order to establish liability in your case, you need to show that the property owner had a duty to keep visitors safe and that there was a breach of that duty. You must show a direct causal relationship between your injuries and the breach of duty.
Holding Property Owners Accountable for Your Injuries
Plaintiffs in premises liability cases must show that a duty of care existed in order to hold property owners accountable for their injuries. This duty of care exists in settings that include retail businesses, hospitals, public spaces, and homes.
When property owners, managers, and tenants fail to create safe environments, accidents that result in minor or severe injuries can happen. Proper lighting, handrails, clear entryways, and other elements can make properties safe for visitors.
It’s important to understand the scope of a property owner’s duty of care in your case. This plays a pivotal role in demonstrating a breach of duty.
Court judges consider the relationship between the defendant and the plaintiff. The duty of care will depend on your status as either an invitee, a licensee, or a trespasser.
Invitees are any individuals who are on the property as a result of an expressed or implied invitation or for some mutual benefit. Property owners have a duty of care towards all invitees to protect them from any reasonable safety risks.
Licensees include family members, neighbors, and others invited on a property for personal reasons. A duty of care to protect licensees also exists, but property owners may not be held liable for injuries to uninvited trespassers.
Legal Strategies for Getting the Compensation You Deserve
Compensation for your injuries and other damages can help you recoup lost wages and cover medical expenses related to your injuries.
Working with a personal injury attorney who understands premises liability will help you determine the right legal strategy for your case.
You’ll also determine what evidence you can use to support your claim and demonstrate the factors needed to prove the defendant’s negligence. The property’s condition and use will also play a role in the outcome of your case.
The absence of safety warnings can also support your case, and your attorney can help you navigate the complex rules and requirements for cases involving premises liability.
Injuries resulting from accidents on another person’s property don’t always involve negligence. Plaintiffs have the burden of proving that property owners, managers, or tenants were responsible for their injuries.
The right legal strategy helps you get the compensation needed to recover from your injuries, protect you and your family’s wellbeing, and protect your rights under Georgia law.