Premises liability law involves situations where a person is hurt or killed while on property owned by another individual or business. If you were injured from a hazard on another person’s property, a Roswell premises liability lawyer could help you recover compensation for your injuries by filing a lawsuit.
A knowledgeable injury attorney could help you determine whether you have a valid claim. If so, they could help you navigate the complexities of the legal process to give your claim the best chance of success.
Types of Premises Liability Cases
There are many hazards that could cause someone’s injury on another’s property. Some of the most common types of premises liability claims include:
- Slip and falls
- Inadequate fire safety
- Elevator or escalator accidents
- Balcony/deck collapses
- Falling merchandise
- Swimming pool accidents
Someone injured on another’s property could qualify for a range of compensatory damages. These could include damages for medical bills, lost wages, future lost earning capacity, and pain and suffering. In cases of particularly egregious behavior on the part of the defendant, the court may also award the plaintiff punitive damages to punish the responsible party.
Proving a Property Owner Was Negligent in Roswell
There are four primary elements required by law to establish negligence in a Roswell premises liability case. These are:
- There was a duty to adhere to a standard of conduct
- There was a breach of that legal duty of care
- The breach of duty caused injury
- That injury caused actual damages
Georgia Code § 51-3-1 states that the owner of a property is liable for damages for injuries stemming from their failure to exercise reasonable care to keep the premises safe. The duty of care both extends to keeping the property safe, as well as approaches to the actual property, such as stairs, ramps, and walkways. This duty also generally applies to landlords who occupy a property or continue to maintain ownership and day-to-day control of a property after leasing it to a tenant.
Parties Owed a Duty of Care
Property owners and occupiers only ow a duty of care to invitees on or near the premises. An invitee refers to someone who was invited, either outright or implicitly, onto the property. A lesser duty is owed to trespassers and licensees. Licensees are people who are lawfully on the property but for their own purposes that pose no benefit to the property owner.
Proving the Property Owner Had Knowledge of the Hazard
To prove an occupier or property owner breached their ordinary duty of care, the law also requires they had either constructive or actual knowledge of the potentially dangerous condition.
Establishing Landlord Negligence
Georgia law separates the duty of care owed by landlords who are in possession or out of possession of a property. An absentee landlord typically only has a legal duty to keep the premises in repair and address defective construction. This duty of care is lower than that required of property owners and landlords in possession of the property.
To establish landlord negligence, the injured party must generally be able to prove that the landlord knew about the hazardous condition. In some cases, landlords may be held responsible when they should have known about the dangerous condition.
A Seasoned Roswell Premises Liability Attorney Can Help
A skilled Roswell premises liability lawyer could review all the facts and evidence in your case to help you recover the damages you are deserve for the losses you suffered. Call an attorney today to schedule a consultation and get started with your case.