Everyday life involves entering a property that belongs to another person and people generally give little thought to the safety of that property. Unfortunately, even safe-looking properties could have dangerous conditions which causes an accident. If a dangerous condition on another person’s land led to sustained losses, contact a Cobb County premises liability lawyer.
You are entitled to damages for injuries caused by dangerous conditions on another’s property. A dedicated personal injury attorney could help you prove the defendant is liable and owes you restitution for your trouble.
Who Can Recover in a Premises Liability Claim?
To recover for injuries suffered on another person’s property, the plaintiff must have been on the land legally at the time of the accident. As such, they must have been invited onto the property or had a legal right to be there. An invitation does not need to be a direct invite to enter the property. Any indication that the property is open for an outsider to walk in is considered an implied invitation. For example, a business that is open during business hours implicitly invites customers to enter their property.
Somebody who is not invited onto the land, or is trespassing, is not entitled to damages arising from an accident. Under Official Georgia Code Annotated § 51-3-3, a trespasser may only recover damages for injuries caused by the owner’s intentional actions, such as if the owner tried to shoot them. To hold the property owner liable for the harm that occurred, the plaintiff should work with a Cobb County dangerous property lawyer. They are also able to hold a landlord liable for any injuries that arise due to negligent security.
Evidence to Prove a Premises Liability Lawsuit
To recover damages for their injuries, the plaintiff must establish that the landowner failed to maintain the property safely. A landowner has a duty to remedy any dangerous conditions existing on the premises – such as cleaning up a spill to prevent a slip and fall, or placing warnings around potholes or fallen trees. The plaintiff can recover once they prove the landowner breached this duty.
Notice of the Dangerous Condition
To prove that the landowner breached their duty, the plaintiff must establish the landowner knew of the dangerous condition and failed to remedy it. When the landowner is aware that others will be on the land, they have a duty to reasonably inspect the property for dangerous conditions. If a dangerous condition is discoverable through a reasonable search, the landowner is considered to be aware of it. Likewise, if the condition exists on the land for an extended period of time, the landowner is presumed to know about it. How long the condition must exist for this assumption to take over will vary depending on the size of the property.
Duty to Remedy or Warn of the Condition
A local premises liability attorney must establish the landowner failed to protect the plaintiff from the dangerous condition, which they are required to do. A landowner can either repair the condition or warn of a dangerous condition. A warning sign must be visible and clearly state the potential danger posed by the hazard. To hold a defendant liable, the lawyer must prove the defendant failed to protect the plaintiff from a known dangerous condition.
Recover Your Losses with a Cobb County Premises Liability Attorney
If your injury was caused by a landowner’s failure to remedy a known dangerous condition, you are entitled to damages. A Cobb County premises liability lawyer could help prove the defendant knew about the condition and failed to remedy it or provide appropriate warning. Our firm is ready to help you recover the damages you deserve. Schedule a consultation today to learn more about what is possible in your case.