Premises liability refers to the responsibility of property owners to keep their land safe for visitors and warn of potential hazards. If a property owner is aware of a dangerous condition on their land and fails to remedy the issue or make the hazard known, and someone is injured as a result, the owner can be held legally liable.
If you were hurt while on someone’s land and suspect that the owner was careless in their legal duty, you should consider consulting with a Clayton County premises liability lawyer. A personal injury attorney could provide the fearless representation needed to help you pursue all damages you may be entitled to.
An Overview of Premises Liability Law in Clayton County
Success in a premises liability claim depends on whether plaintiffs can show that the property owner owed them a duty of care, and if the owner’s violation of this duty injured them. The type of duty that property owners owe to people on their land depends on whether the visitors are categorized as invitees, licensees, or trespassers. While licensees and invitees are legally on premises, trespassers are present without the owner’s permission. Property owners owe the highest duty to invitees, a lesser obligation to licensees, and the lowest obligation to trespassers.
An invitee is someone whose presence provides some type of benefit to the property owner. Diners at a cafe or shoppers at a mall are examples of invitees. A property owner must fix dangers on the premises or provide notice of these dangers to ensure an invitee’s safety. In addition, the owner must regularly check the land for any dangers that could injure an invitee.
A licensee is on the property to further their own interests, such as a guest at the owner’s home. A property owner’s duty to a licensee is to fix dangers on the land and to make the licensee aware of any conditions that the licensee would not reasonably be expected to find.
A trespasser is someone who is on another’s land without permission. Under Georgia code, the only legal obligation that a property owner owes to someone on their land illegally is to avoid intentionally harming them.
Common Types of Premises Liability Claims
Premises liability claims can encompass a wide range of accidents on both personal and commercial property. Common claims include:
- Trips, slips, and falls;
- Dog bites;
- Elevator/escalator/staircase accidents;
- Swimming accidents;
- Negligent fire protection protocols; and
- Negligent security.
Any of these situations can leave someone facing severe and even life-threatening injuries, resulting in considerable medical expenses, income loss, pain, and suffering.
Statute of Limitations for Personal Injury Cases
Georgia law requires that premises liability claims be filed no later than two years from the date the accident occurs. If children under the age of 18 are injured by the negligence of a property owner, they have until their 20th birthday to sue for damages. A Clayton County attorney could make sure a premises liability claim is filed within the applicable statute of limitations.
Contact a Clayton County Premises Liability Attorney
A Clayton County premises liability lawyer could assist in holding the property owner accountable if their negligence led to injuries. Call now to arrange your consultation with a Clayton County lawyer to see how we could help you through this challenging time in your life.