Premises liability affords invitees certain protections, but the property owner is also protected against unreasonable claims. There are three things you should consider about Georgia premises liability if you have had an accident and wish to pursue compensation.
The first element that comes into question in a premises liability claim is whether the owner was negligent. It must first be established that the defendant has a duty to the plaintiff. If so, has the defendant failed in that duty through negligent action or inaction? The answer hinges on whether the plaintiff has status as an invitee, licensee, or trespasser.
When you are an invitee on a property, you are there with implied or expressed permission. For instance, when you are on the premises of a store during business hours, you are an invitee by implied consent. In these instances, the property owner or operator has a duty to remove known hazards, provide warnings about potential hazards, and actively maintain a property and carry out necessary repairs.
As a licensee, you may be expressly invited or arrive on a property with implied consent. Sales people and maintenance staff fall under the category of licensee. The property owner’s duties to a licensee include repairing known hazards and providing warnings of potential dangers. Premises liability does not cover the property owner searching for unknown hazards as a duty of care to licensees.
Trespassers have not been invited onto a property, which means the property owner does not owe them the same duties as an invitee or licensee. However, a property owner cannot intentionally cause harm to a trespasser. Children are afforded full protections under premises liability law, even as trespassers.
Negligence on the part of the property owner is not enough to qualify for a personal injury claim. The plaintiff must establish that an injury was suffered as the result of negligence. Damages may include elements that are tangible or intangible in nature. There are a large number of injury types that may result in a premises liability claim, including:
- Slip and falls
- Parking lot injuries
- Dog bites
- Swimming pool injuries
- Assaults relating to insufficient security
Defendant’s Negligence Resulted in Injury
Linking the elements of negligence and injury is the final step in seeking compensation. It is important to hire an experienced premises liability lawyer in Georgia. At the firm of H. Lehman Franklin, P.C., we have a long history of helping clients successfully pursue compensation when injured due to the negligence of a property owner. If you need legal support after an injury, our lawyers will support you throughout the process with excellence in representation. Premises injuries can result in significant medical costs for a plaintiff, so act quickly to secure fair compensation.
Call the offices of H. Lehman Franklin, P.C., in Georgia today if you need representation in a premises liability case. You can reach us at 912-764-9616 or email us at firstname.lastname@example.org for further information and guidance from our team.