Articles Tagged with Georgia premises liability attorney

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Even in Georgia, the winters are still prone to icy conditions. When walking through public parking lots and shopping centers in such conditions, you need to be aware of your surroundings, especially if you get into a slip and fall accident. If you subsequently attempt to hold the owner of the property liable for your injuries, the question of your “equal” or “superior” knowledge of any hazards may prove critical at trial.

Naval Store Suppliers, Inc. v. Croft

Recently, the Georgia Court of Appeals granted summary judgment to the defendants in a slip and fall case arising from an accident in the winter of 2014. On the day in question, it was approximately 25 degrees outside, and there was a noticeable water spigot located near the entrance of the defendant’s store. The spigot was open and the gushing water had formed a mixture of ice and water that clearly posed a hazard to anyone using the entrance.

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Just as auto insurance provides liability coverage in the event a driver is sued for causing an accident, most Georgia homeowners’ insurance policies protect the homeowner in the event that someone is injured on their property. For example, if the homeowner was negligent in maintaining their driveway and someone has a trip-and-fall accident, the homeowners’ insurance carrier could be on the hook for the victim’s medical bills and other damages. As with any kind of insurance claim, it is important for the owner to promptly notify the homeowners’ insurance carrier anytime there is an accident that may lead to litigation.

Travelers Indemnity Company of America v. Jones

If there is any way for an insurance company to avoid paying a personal injury claim, it will take it. Consider this recent decision by a federal judge in Athens. This case arises from particularly tragic circumstances. A 23-year-old woman was going to a party at a house in Athens. But as she was still seated in her car, she was struck and killed by a stray bullet, the byproduct of a gun fight between two groups on the property.

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When bringing a premises liability claim in Georgia, a plaintiff does not have to establish that the defendant had actual knowledge of the hazard that caused the plaintiff’s injury. Instead, the plaintiff can show the defendant had “constructive” knowledge. Basically, this means the defendant should have known about the hazard, either because there was a prior history of similar accidents, or the defendant failed to maintain a reasonable inspection program for their property.

Knoeferl v. Cracker Barrel Old Country Store, Inc.

Here is an illustration of what this means in practice. This is taken from a recent decision by a federal judge in Augusta in an ongoing personal injury lawsuit. The plaintiff had gone to the defendant’s restaurant for lunch. While walking back to her car following her meal, the plaintiff fell over an “indentation in the pavement,” causing her to break her femur. She subsequently sued the defendant for its alleged negligence in failing to properly maintain its parking lot.

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Premises liability laws ensure that property owners are held responsible for hazardous conditions that injure their invited guests or other members of the public who are lawfully on the premises. With respect to invitees, the property owner must exercise “ordinary care in the keeping the premises and approaches safe.” If the injured party is a “licensee” – someone who is permitted on the property but is not considered a customer or “servant” of the owner – then the owner is only liable for causing “willful or wanton injury.”

Harrison v. Legacy Housing, LP

Many premises liability cases turn on the status of the injured plaintiff, i.e. whether they an invitee or licensee. A recent decision by a federal judge in Macon offers a helpful illustration of this distinction. The plaintiff in this case was helping a friend perform work in an empty warehouse. After the plaintiff sustained a serious injury, he attempted to sue the warehouse’s owner under the theory he was an “invitee.”

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Many parents would be happy to see a public park or attraction that admits their children for free. But thanks to a recent decision by the Supreme Court of Georgia, those parents may want to think twice about the legal cost of “free” admission. According to the Court, if you do not pay for your child to get in, you might be surrendering any right to sue for damages if he or she is injured on the property.

Mayor and Alderman of Garden City v. Harris

This case involves a child who was 6 years old at the time of her injury. Her parents took her to attend a youth football game in a public facility owned by Garden City in Chatham County. The facility normally charges a $2 admission fee, but children ages 6 and under do not have to pay. So, while the parents paid for their own admission, they did not have to pay for their child.

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Any Georgia business that opens its doors to the public must take care to keep its premises in reasonably safe condition. This is especially important when dealing with young children, who are more prone to accidents than adults. While it may not be possible to completely child-proof a business establishment in the same manner as a home, business proprietors must still strive to identify and eliminate obvious hazards that could seriously injure or kill an innocent child.

Holt v. Marriott International, Inc.

On November 15, two parents filed a lawsuit in Fulton County Superior Court alleging negligence on the part of multiple defendants in the tragic death of their 5-year-old son. The lead defendants own and operate a popular rotating restaurant in downtown Atlanta. One day this past April, the plaintiffs and their two small children, including the victim, had lunch at this restaurant, which is actually built on a platform that rotates around a stationary core, affording patrons a 360-degree view of Atlanta.

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In a premises liability case, a defendant may be held responsible for failing to post proper warning signs regarding a hazard on the property, such as a “wet floor” sign near a puddle of water. These types of slip and fall cases are highly fact-specific, however, and what constitutes an inadequate warning in one case may be deemed insufficient to prove the defendant’s liability in another case.

Vineyard Industries, Inc. v. Bailey

Here is an example in which the defendant was held liable. This is a recent Georgia slip and fall case involving a popular fast food restaurant. The victim is a minor who went to the defendant’s restaurant one morning for breakfast. After placing her order, she used the restroom. Upon exiting the restroom, she passed the restaurant’s drink machine, where she slipped and fell on the wet floor.

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Personal injury claims based on premises liability under Georgia law generally revolve around two questions. First, did the property owner have knowledge of the hazard that caused the plaintiff’s injuries? Second, did the plaintiff have “equal or superior” knowledge of the same hazard, thereby absolving the defendant of any potential liability?

Stewart v. Brown

Here is a simple illustration of how courts examine these questions in practice. This is taken from a recent decision by the Georgia Court of Appeals. In this case, a trial judge granted summary judgment to the defendant in a slip-and-fall case. The Court of Appeals reversed the trial court and returned the case for trial on the merits.

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While premises liability is often associated with commercial businesses (think a slip-and-fall at the supermarket), any property owner may be held responsible if an invited guest is injured. This is why homeowners insurance policies typically offer liability coverage. For instance, if someone falls down the stairs at your house, your homeowners insurance will cover the medical bills.

Allstate Property and Casualty Insurance Co. v. Roberts

What if someone is injured on your property in a criminal act? Insurers often try to disclaim coverage in such situations. But depending on the precise wording of the policy, the insurer may still be liable.

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Premises liability refers to a landowner’s legal duty to “exercise ordinary care in keeping the premises and approaches safe,” according to the Georgia Supreme Court. In other words, if you own a building and invite members of the public in, you must take reasonable precautions to protect your guests from a foreseeable harm. You are not required to insure the public’s safety from all possible or existing hazards, but you must exercise a certain degree of due diligence, i.e. inspecting your property regularly to see if any dangerous conditions exist.

Duff v. Board of Regents of the University System of Georgia

The key to any premises liability claim is establishing the existence of a hazardous condition. This generally requires a careful examination of the facts in a given case. There is no one-size-fits-all approach to assessing the existence of a hazardous condition.