Navigating the Premises Liability Law in Georgia: A Comprehensive Guide
Understand your rights under Georgia’s premises liability law. Contact the Dressie Law Firm today.
Discover the intricacies of Premises Liability Law in Georgia with Dressie Law Firm. Understand your rights, responsibilities, and legal options in premises liability cases.
Premises Liability Simplified
Premises liability is the legal responsibility of anyone in lawful possession of property ( as owner or occupier) for injuries that occur within their property/premises.
It is a legal principle based on the premise that anyone in control of land must reasonably maintain their property to protect those who enter the property from danger. If a property owner/occupier (also called a lawful possessor) fails to keep their property safe and someone else gets injured, the injured party can initiate a lawsuit against the property owner, claiming compensation for their injuries.
If you or your loved one has sustained physical injuries on another’s property in Georgia, it is important that you understand the intricacies of Georgia’s premises liability law to determine whether you are eligible to file a claim and your chances of success.
Dressie Law Firm has helped numerous clients navigate the legal process for seeking compensation for personal injuries and premises liability cases. With our legal knowledge and experience, we can help you understand your rights under Georgia law and fight to advance your premises liability case so you can get the compensation you deserve.
Read on as we explain how Georgia’s premises liability law works and specific ways our lawyers could help your case succeed.
An Overview of Georgia’s Premises Liability Laws
The premises liability statute in the state is contained in Title 51, Chapter 3 of the Georgia Code. The statute defines the parameters for premises liability claims by providing the specifics about who can be liable, who can file a claim, and other important details discussed below.
Who Can Be Liable in a Premises Liability Case?
There are two categories of people who may be eligible for premises liability in Georgia:
Occupiers of property, such as tenants under a lease
These categories of people have a legal duty to exercise ordinary care and ensure that they maintain their property to a reasonable degree; otherwise, they would be liable for injuries sustained on their premises due to their failure.
Who Can File a Premises Liability Claim?
The right to file for premises liability does not apply to everyone. Only those to whom the property owner or occupier owes a legal duty of care can file a claim if they get injured on their premises.
According to the statute, this right only exists for :
Invitees who receive an “express or implied invitation” from the owner or occupier of the property to enter the property
Any person (licensee) who is not a customer or servant of the property possessor but has been granted permission to enter the property merely for his interests, convenience, or gratification.
Licensees Vs. Invitees: The Standard of Care
The standard of care for licensees is much lower than what is prescribed for invitees.
A licensee can only be compensated for “willful or wanton injury “on the premises. The law does not define what qualifies as wilful or wanton injury. But it could be interpreted to mean that the owner would be liable if they purposely injure the victim or recklessly expose them to such injury.
This distinction between a licensee and an invitee is important and could affect the compensation you can get or whether you get compensated at all.
Sometimes, it is difficult to tell where an injured party falls. However, Georgia courts have developed a general test for this purpose. If the person’s presence on the premises or their relationship with the occupier is solely for their benefit, they are most likely licensees. But if there is mutual benefit for both parties, the injured party would likely qualify as an invitee.
If you’re having trouble understanding your chances in a premises liability case because you do not know your status, fear not. An experienced Georgia premises liability lawyer can evaluate your circumstances and help you estimate your chances based on the facts.
Can a Trespasser File a Premises Liability Claim?
A trespasser, that is, a person who entered a person’s home or land without permission, is generally not owed a duty of care and cannot claim compensation for injuries sustained while they were trespassing. However, the property owner must not cause wilful or wanton harm to the trespasser, especially after the trespasser’s presence on the property has been discovered.
There are some exceptions to this rule, especially concerning children. If you do not qualify as an invitee or licensee, a premises liability lawyer can explain these exceptions and help determine whether they apply in your case to give you a right of action.
Proving Your Premises Liability Case: Meeting the Legal Requirements
To succeed with your premises liability lawsuit, you’ll need to establish certain crucial elements at the trial based on the above legal provisions. You must demonstrate the following with solid evidence:
The owner or occupier owed you an ordinary duty of care.
They violated their duty of care. This simply means they didn’t take adequate measures to shield you from harm.
Their breach led to your injuries. The injuries must be directly related to the property owner/occupier’s negligence, not just any random injury. For this, you may need to provide documents such as your medical report.
Sometimes, it could be difficult to identify the type of evidence needed to succeed in a premises liability case. That’s one of the reasons why seeking professional legal assistance for premises liability cases in Atlanta is crucial. Your lawyer can help you navigate the intricacies of the legal process to ensure you get what you deserve at the end of the trial.
How the Dressie Law Firm Can Help
At the Dressie Law Firm, we are committed to representing people who have suffered due to the negligent actions or omissions of others and helping them achieve a satisfactory outcome from the legal process. We offer comprehensive legal services to people in your position, including
Case evaluations to determine the validity and chances of your claim
Courtroom representation, where we’ll argue your case in court and do all we can to convince the judge to act in your favor
Representation during negotiations with the other party if you’re considering an out-of-court settlement.
No matter your circumstances, you can rely on us to fight for your rights to ensure that you do not bear the financial burden of another person’s negligence alone.
Contact Our Experienced Premises Liability Professionals
Premises liability law in Georgia could be pretty complex. That is why it is important that you seek professional legal help for your premises liability case.
If you’d like to understand the position of the law in your case or you’d like to file a lawsuit, do not hesitate to contact us for help. Let us review your case, guide you through the compensation process, and help you avoid mistakes or misunderstandings of the law that could affect your claim adversely.
Many believe compensation is only awarded in premises liability cases involving slips and falls. But that position is inaccurate. You can get compensated even if your case does not involve a slip and fall. Our helpful guide, “Distinguishing fall from broader premises liability cases,” sheds more light on this. Feel free to review it and contact us if you have further questions.
The Dressie Law Firm Can Help You
Contact us today to schedule your free consultation!