Understanding the Types of Premises Liability Cases

Do not suffer in silence. Let us help you fight your premises liability case. 

Explore the various types of premises liability cases with Dressie Law Firm. Learn about scenarios from slip and falls to inadequate security, and how we can assist in your legal journey.

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Different Types of Premises Liability Claims

Premises liability is a legal doctrine or principle that allows property owners or occupiers to be held responsible for injuries that occur on their premises. This is because they have a duty to keep their premises safe for visitors. If they fail in that duty, they can be sued for damages arising from their negligence.

Different situations can lead to premises liability cases. If you are in such a position where you’ve been injured on another’s premises, you may be wondering if the circumstances of your injury qualify as a premises liability case and whether you can get monetary compensation from the property owner or occupier.

Our reputable attorneys at the Dressie Law Firm can assess your case and advise you on your chances of success.  

In the meantime, read on as we discuss the general eligibility requirements for premises liability cases under Georgia law and some common types of premises liability cases. 

    Legal Grounds for Premises Liability Cases: When Do You Have a Valid Case? 

    Premises liability cases are based on the negligence and breach of a duty of care owed by lawful possessors (owners and occupiers) of a property. 

    Duty of care is the possessor’s legal obligation to keep their premise safe. By Georgia law, property possessors owe a duty of care to two primary groups:

    •  Invitees: who have the express or implied invitation of the property owner to enter the premises and do business with the property owner, e.g., customers, business partners 
    • Licensees: who enter the property with the occupier or owner’s permission but whose visit is solely for their benefit.

    Can an Injured Trespasser File a Premises Liability Lawsuit? 

    An owner doesn’t owe any duty of care to trespassers and those who enter the property unlawfully. However, there are exceptions concerning trespassing, especially where children are involved. 

    For example, children may be attracted to abandoned cars, swimming pools, trampolines, fountains, and other types of equipment on other people’s premises. By the legal doctrine of attractive nuisance, property owners with such equipment or man-made attractions must keep their spaces reasonably safe to prevent accidents. Otherwise, they would be liable for injuries sustained by a child on their premises, even if the child was trespassing. 

    The distinction between who qualifies as a licensee or invitee or an entitled trespasser could be blurred sometimes. It is important to clarify your category before filing a premises liability case. That way, you can protect your rights and respond to attempts by the other party to downplay your position adequately. 

    Common Premises Liability Claims

    Premises liability claims can arise from different kinds of situations. But most of the time, they are based on the following scenarios:

    Slip and Fall Accidents

    Slip and fall accidents often lead to severe injuries like hip fractures and traumatic brain injuries. These accidents may occur due to factors such as 

    • Snow and ice accumulation
    • Spills that are not wiped away promptly
    • Damaged, defective, or missing steps in stairways
    • Wrinkled, torn, and uneven carpeting.

    These conditions are obvious, and it is reasonable to expect that the person in charge of the property takes steps to fix them before anyone gets hurt. Therefore, anyone who slips, falls, and gets injured on someone else’s property due to these or similar factors can file a lawsuit against the owner/occupier.

    Inadequate Security Leading To Harm

    Inadequate security claims are filed against owners who fail to provide adequate security to visitors when it is obvious that security is essential.

    For instance, a commercial property owner in an area with high crime rates may be liable for assaults or muggings in their parking lot if they fail to secure their premises properly.

    What amounts to inadequate security varies depending on the circumstances, but some common examples include the following:

    • Lack of security cameras
    • Lack of a security gate
    • Defective locks on doors
    • Lack of security guards
    • Failing to take action after reports concerning insecurity.

    In such instances, you may have a valid premises liability case as long as the security threat that the property occupier failed to take care of was foreseeable. 

    Other Dangerous Property Conditions

    Other than the above factors, other dangerous commercial or apartment complex conditions can cause injury and lead to premises liability. They include;

    • Defective elevators 
    • Electrocution due to faulty wiring
    • Ceiling collapses due to poor construction

    In a premises liability case based on such factors, you may need to establish that the owner/occupier was aware or should have been aware of the dangerous state of the premises to sustain your claim.

    In the circumstances, it would be wise to seek help from an experienced premises liability lawyer. They can represent you in court and formulate an appropriate strategy to help you establish your case and lead to a positive outcome. 

    Filing a Premises Liability Claim: Important Points To Note

    Premises liability cases typically begin when the injured party files a lawsuit in court. However, initiating a lawsuit is not enough to get you the compensation you deserve. There are things you’ll need to do before and after filing the suit to increase your chances of success. They include the following:

    • Document Your Injuries: You’ll need to seek medical help after your injury, get treatment, and obtain a doctor’s report. The report would serve as evidence of your injury and how much harm you suffered. Remember to also keep all medical bills and receipts for out-of-pocket expenses.

    • Report the Incident: You’ll need to report the injury to the property owner or possessor before or immediately after seeking medical help, depending on the severity of your injuries. Notifying them serves two purposes. They could accept their fault and compensate you so you don’t need to file a lawsuit. If they refuse to accept liability, their refusal could also be relevant as you build your premises liability case. 

    • Collect Evidence: Premises liability claims require sufficient evidence to prove negligence and breach of duty. You’ll need to gather any available evidence, such as video footage or pictures taken when the accident occurred. If there were eyewitnesses, you may also need to get their contact details. Their testimony and other available evidence could help solidify your case and improve your chances of success in court.

    • Get Legal RepresentationPremises liability attorneys are invaluable when it comes to premises liability cases. From helping you build your case to representing you and arguing your case in court, they can help you navigate the complexities of the legal system and work to ensure that your case succeeds.

    Contact Reputable Premises Liability Lawyers at the Dressie Law Firm 

    No matter the type of premises liability case you’re dealing with, you need to present strong evidence that supports your claim if you hope to succeed.

    However, the legal process could be complex to navigate without legal knowledge. That’s why it is important that you secure the services of an experienced premises liability attorney to avoid any issues or mistakes stemming from this lack of knowledge that could adversely affect the outcome of your case.

    Our competent premises liability attorneys at the Dressie Law Firm understand how the different types of premises liability cases work and how to get a positive outcome with each one. With their experience, they can review your case, file, and represent you during your lawsuit and help identify the most viable way to protect your interests.

    Contact us today to share your concerns about your case and learn more about your rights under the applicable premises liability law. Let us assist you as you seek justice for the harm you’ve suffered. 

    The Dressie Law Firm Can Help You

    If you or a loved one is a victim of a reckless or negligent driver, we want you to know that the law is on your side and so is the Dressie Law Firm.

    Contact us today to schedule your free consultation!