Proving negligence in a Georgia premises liability case requires you to show that the property owner or manager knew or should have known about the hazard that caused your injuries and should have repaired it or warned you about it, but they failed to do so. You can use surveillance footage, eyewitness accounts, photos from the scene, and other evidence to support your personal injury claim.
What Is Premises Liability?
Premises liability is an area of the law that addresses how property owners, managers, and businesses can be held accountable for failing to provide a safe environment for visitors. If one or more of these parties do not uphold their responsibilities, and a visitor suffers an injury while on their property, whoever didn’t address the hazard or warn of its presence could be liable for the visitor’s injuries, including their medical bills and all related losses.
Consider a situation where a grocery store doesn’t clean up a spill. If someone visiting the store slips and falls on the wet floor, the store could be liable for the visitor’s injuries because they didn’t clean up the spill or warn visitors of the potential danger.
Are There Different Types of Premises Liability?
The level of care a property owner or manager owes a visitor depends on why the visitor is on the premises.
The following are the three different types of visitors under Georgia’s premises liability laws:
- Invitees — Invitees are visitors who enter a property for a business reason, whether as patrons/customers of a business or as workers hired to improve the property. Property owners and businesses owe the highest level of care to invitees. They must warn them of known dangers on the grounds and check regularly for potential hazards.
- Licensees — Licensees are people who visit a property for a social reason, such as someone who visits a friend’s or family member’s home. Property owners owe a lower level of care to licensees. They must warn them of known hazards, but they don’t have to check regularly for new dangers.
- Trespassers — A trespasser enters a property without the owner’s permission. Property owners and businesses are generally liable for intentional or willful injuries to trespassers. However, the rule has exceptions. For instance, property owners can be liable for injuries to trespassing children if they don’t secure the grounds properly, as children don’t always understand boundaries or the consequences of their actions.
What Are the Four Elements That Must Be Proven in a Negligence Case?
An injured visitor must prove four legal elements to establish liability in a Georgia premises liability claim:
- Duty of care — The injured visitor must show that the property owner or manager was responsible for keeping the area safe. For example, a store owner must ensure the building’s floors are dry and free of hazards for customers.
- Breach of duty — Next, an injured visitor must show how the property owner or manager failed to take reasonable steps to prevent danger. Common examples of these negligent actions include ignoring a broken handrail, failing to clean up a spill, or not repairing loose flooring. If the owner knew or should have known about a hazard, yet they did nothing, they breached their duty of care.
- Causation — It’s not enough to show that a hazard existed. An injured visitor must establish a direct link between their injuries and the owner’s or manager’s failure to fix the hazard or warn the visitor. For example, if someone slips on an unmarked wet floor and breaks their arm, they must show that the fall happened because the owner didn’t take proper precautions.
- Damages — An injured visitor must also prove that the accident caused them harm. This harm could include medical bills, lost wages, pain and suffering, or other losses.
Who Can Be Held Liable in a Georgia Premises Liability Claim?
In most cases, the property owner or manager is liable for injuries on their premises. However, in some situations, another party might share liability with the owner. For instance, a maintenance company that didn’t do its job might be at fault if its carelessness created a dangerous hazard.
What Evidence Is Needed to Prove the Property Owner Is Negligent?
Some types of evidence you can use to support a personal injury lawsuit include the following:
- Eyewitness accounts — If anyone else saw the accident, they can explain the dangerous condition and how it caused your injuries.
- Surveillance footage — Security camera footage can provide direct evidence of how an accident happened. This footage can be crucial if a property owner disputes the presence of any hazards on the ground or argues that a visitor caused their injuries.
- Maintenance records — Maintenance records can reveal how recently a property was cleaned or if the owner ordered any recent repairs. On the other hand, a lack of maintenance records may suggest that a property owner didn’t take their duty to visitors seriously.
- Medical records — While not necessarily helpful for proving negligence, your medical records can help in other ways. These documents demonstrate the harm you’ve suffered and the long-term effects of your injuries.
How Is Compensation Determined in a Georgia Premises Liability Claim?
Your compensation in a premises liability claim is based on your injuries and related losses from the incident. You and your personal injury lawyer must add up your losses to calculate the value of your claim.
Depending on the facts of your case, your claim could include compensation for the following:
- Medical bills
- Lost income
- Reduced future earnings
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Damaged personal property
Contact a Georgia Premises Liability Lawyer
The Georgia premises liability lawyers at Sherrod & Bernard, P.C., have over 85 years of combined experience and a proven track record of success. We know how to prove complex cases and maximize our clients’ compensation. Call now or complete our contact form for a free consultation. We can review your case and explain your legal rights and options.
