Anyone entering a property has the right to assume they will be able to do so in a safe manner. If they become injured on the property instead, though, they may be able to file a lawsuit to claim compensation for their injuries. These injuries, and the compensation involved fall under the umbrella of Gwinnett County premises liability law.
Premises liability cases usually revolve around the idea of negligence or the notion that someone else was at fault for the accident. In order to win compensation, an injured person must prove that someone else was negligent, which can be more difficult than it sounds. This could be done with the assistance of a professional injury attorney. An experienced Gwinnett County premises liability lawyer could help injured individuals pursue the compensation they may be entitled to.
Local Premises Liability Laws
The laws applicable to Gwinnett County state that property owners, as well as those who occupy a property, could be held liable for damages stemming from any injury caused by a failure to exercise ordinary care in keeping the premises safe. While property owners do not have to inspect their property every second of every day, they do have to inspect it regularly to ensure it is safe for those entering it.
In addition to ensuring the actual property is safe, property owners must also ensure that approaches to the property are safe. This includes parking lots, ramps, steps, and walkways. If a property owner fails to take these ordinary measures to ensure their property is safe, they may be liable for paying compensation to someone injured as a direct result of their negligence.
Actual versus Constructive Knowledge
In order to hold a property owner legally responsible for negligence, injured individuals must prove that the owner or occupier had actual or constructive knowledge about the dangerous condition that caused injury. These two terms may cause confusion, but either could be used to prove a property owner was negligent. For more information or an in-depth explanation, individuals should get in contact with a Gwinnett County premises liability lawyer.
Defining Types of Knowledge
Actual knowledge is just that: knowledge the property owner actually had. Constructive knowledge, on the other hand, is knowledge that the property owner should have had but did not.
For instance, if the owner of a store was told there was uneven concrete in their walkway that could cause someone to trip, that would be actual knowledge. If the concrete had been uneven for a long time, the property owner reasonably should have noticed it, known about it, and corrected the problem—hence, constructive knowledge.
Applying Premises Liability Law
One of these two types of knowledge must be present in a premises liability case. If the court finds that the property owner or occupier had no way of knowing about the dangerous condition, they may not be found liable.
For example, if liquid spilled in a retail store and someone slipped on it right after the spill occurred, the court may determine that they did not have time to know about and correct the spill. As a result, the property owner may not be held responsible for the accident.
A Gwinnett County premises liability lawyer could help determine whether property owners should have known about dangerous conditions on their property. If they should have, a skilled attorney may be able to help hold them responsible.
Talking to a Gwinnett County Premises Liability Attorney
From proving negligence to actual and constructive knowledge and more, there is a lot to know about premises liability cases. In light of this, anyone injured on someone else’s property should speak to a Gwinnett County premises liability lawyer who could give them the best chance of a successful outcome and help them claim the compensation they may be entitled to. Call today to schedule your consultation.