The Facts About Premises Liability
Premises liability is a broad term that used to describe cases where a property owner may be held responsible for an injury that takes place on his property. Many of these sorts of cases involve a person who slips on a wet floor at a business. However, premises liability can also involve cases where the property owner fails to provide adequate security, leaves trash to be tripped over, spills oil on the floor, and other situations.
Premises liability cases are complicated. The fact that you are injured on someone else property does not guarantee that the property owner is responsible. For example, the property owner owes a different duty of care to a trespasser than they owe to someone that they invite on the property. If the owner invites someone on to their property, then they must use ordinary care in order to keep that person safe. But if that person is a trespasser, then the property owner’s actions must go beyond simple negligence. The property owner also owes a duty to licensees on their property. A licensee is someone who has a right to be on the property, but was not specifically invited there (like a door-to-door salesman). If the owner is aware of a dangerous condition on the property, then he must use ordinary care to keep a licensee safe from that danger. If you are hurt on someone else’s property, then our first task will be to determine what kind of visitor you are. Your status will have a substantial effect on your potential to recover compensation for your injuries.
In a Georgia, every year, a huge number of people slip, fall, trip, mis-step, or tumble on someone else’s property. Falling and injuring yourself does not make the property owner responsible. After all, people fall and hurt themselves all of the time. The owner is responsible when they know about a dangerous condition, and the injured person does not know about the condition. A dangerous condition could be a substance on the floor or a crack in the pavement of a parking lot. However, the owner will not be held responsible if the condition that hurt you was obvious. For example, in one case, a homeowner’s visitor fell when the heel of her shoe got caught in a hole. The court said that the condition was “so open and obvious that it could not be considered actionable”.
There are so many exceptions and special rules in these types of cases that it is best to call a slip and fall lawyer for a free consultation. Often, insurance companies will blame the fall on the victim and refuse to provide compensation. You need to hire an experienced advocate who can protect your rights. We have years of experience with slip and fall and premises liability cases so don’t hesitate to call for a free consultation!