Georgia law treats private property the same as commercial property because commercial property is privately owned. Private property is essentially anything owned by someone other than the government. The obligations of a property owner are the same regardless of who owns it. In whichever case, the plaintiff needs to establish who owns the property and who is managing it to determine who has the responsibility under the law to maintain safe premises. An experienced Atlanta private property liability lawyer could help an injured person hold the negligent party accountable by filing a claim and recovering compensation. If you have been injured on a private property, reach out to a seasoned premises liability attorney today.
Private Property Owners’ Duty to Visitors and Residents
In Atlanta, an owner or operator of private property has a duty to reasonably act to try to provide for a reasonably safe environment for visitors and residents. However, the law does not lay out specific requirements for adhering to that duty. Instead, the basis of a private property liability case requires a factual analysis based on each scenario in determining what the premises owner knew or should have known about the potential hazards.
The condition of the property often plays a pivotal role in a premises liability case. This is mainly because the owner or operator and their actions to repair or warn of potential hazards is a critical issue in establishing liability. For instance, if the premises has several potholes then that shows that the owner or operator of the premises was likely aware of it but did nothing to fix the issue. The condition of the premises needs to be closely analyzed by a knowledgeable Atlanta private property liability lawyer.
Property Owner Rights
A property owner has the right to control who comes on the premises and the right to place restrictions on the actions take on their premises. Often, the issue in a premises liability case involves a property owner who is neglecting their rights and not taking action to control who is coming on the property or monitoring the behaviors on the property. For more information about property owner rights and the rights of visitors, consult with an Atlanta private property liability attorney.
What Special Rules Apply to Lessors and Landlords of Private Property in Atlanta?
The special rules that apply to lessors and landlords of private property in Atlanta depend on the nature of the lease and the property. Very often, the lease documents spell out who has to indemnify, meaning who has to be held responsible or who is potentially liable for acts on the premises. In an injury case, it is important to analyze the applicable lease documents closely to understand the terms and who may potentially be responsible for the property under the contract.
The other important thing to note is that under Georgia law, an owner of a premises has a non-delegable duty to control the premises. That means that a premises owner cannot simply contract away their responsibilities to maintain the premises. Even if they hire someone else to maintain the property, the owner is still ultimately responsible for ensuring the premises are appropriately managed.
How an Atlanta Private Property Liability Attorney Could Help
If you have suffered an injury on another’s private property, seek the services of a well-established attorney. An Atlanta private property liability lawyer could review your case, determine fault, and then help you recover the compensation that you deserve. Call today to get started on your claim.