Articles Tagged with Georgia premises liability attorney

If you were ever injured on the property of another, you may have considered filing a personal injury lawsuit to hold the property owner liable for your injuries. The following article will provide some helpful information you should know regarding whether property owners are liable for injuries sustained by others on their property.

What is Premises Liability?

Premises liability is a legal concept, based in personal injury law, which alleges that an injury a person sustained resulted from a defective condition on the premises of another (for example, a store owner, landlord, etc.). Regarding slip and fall accidents, the person injured is alleging that she slipped and fell and suffered resulting injuries due to a defective condition (such as wet floors, unsecured rugs, or loose steps).

In some cases, property owners can be held liable for injuries that occur to people on their property. Under the “attractive nuisance” doctrine, a property owner can be held responsible if a child is injured on the owner’s property due to some type of artificial condition located on the property that is particularly appealing to children. The following will provide more information about the attractive nuisance doctrine.  

What is the “attractive nuisance” doctrine?

The “attractive nuisance” doctrine states that property owners may be liable for injuries to children who trespass on their land if the injury results from a hazardous object or condition on the land that is likely to attract children who are unable to appreciate the specific risk posed by the object or condition.

If you were recently injured by a dog in the state of Georgia and you plan to file a personal injury lawsuit against the owner, you should first make sure that you are aware of some potential defenses that the owner may choose to bring up in court.

Georgia’s Dog Bite Liability Statute

Georgia statute O.C.G.A. § 51-2-7 outlines the state’s law on dog bite liability. This statute is based on the concept of strict liability. Strict liability holds a defendant liable for committing specific actions, regardless of what his intent or mental state was when he committed the action. This statute holds that a dog owner is not strictly liable for injuries his dog causes unless:

In Georgia, property owners can be liable for injuries to people entering their premises. This is because property owners owe a duty to entrants to ensure that their premises are safe. This duty to keep entrants safe on the premises also extends to protecting entrants from the criminal conduct of third parties on the premises. The following will explore the concept of negligent security in Georgia.

What is Negligent Security?

Property owners have a duty to protect people who enter their premises from the criminal conduct of third parties on the premises. The term “negligent security” is used to describe a situation in which a property owner fails to take the appropriate security measures to ensure that entrants are protected from the criminal actions of third parties.

Slip and fall accidents currently account for over 1 million hospital visits. If you are injured in a slip and fall accident in Georgia, there are some things you should understand about the state’s laws regarding slip and fall accidents before you decide whether to file a personal injury claim.

You Have to File Your Claim Within Two Years

According to Georgia Code, an individual has two years from the date of the slip and fall accident to file a personal injury claim. This also applies to all other personal injury claims in the state of Georgia.

The basics of premises liability in Georgia  – the laws that apply when you are injured on someone else’s property – are largely the same as in most jurisdictions across the United States. However, Georgia premises liability law has some interesting differences that make it possible you might not be able to recover for an injury caused by a hazard on another’s property. Even with those differences, though, in general a Georgia property owner owes a duty of care to people on the owner’s property with permission, opening the door for potential recovery for injuries suffered there.

What is Premises Liability?

Georgia law on premises liability applies where the owner or occupier of a property owes a duty of care to someone who comes on the property, breaches that duty of care, resulting in injuries, and that the injured visitor experiences damages. The owner’s invitation to enter the property can be expressed – such as where a homeowner invites friends or neighbors to come onto the property – or implied, such as where the owner operates a business that is open to the public. Any property owner or legal occupier can be liable for injuries occurring on the property because of their negligence. That includes homeowners, business property owners, business operators who are leasing their business premises, landlords, property managers, homeowners’ associations – for community-owned common spaces – or even government agencies. The common thread is they are responsible for the safe upkeep of the property and failed to keep the property safe due to their own negligence.

The typical premises liability claim involves a customer who is injured slipping and falling in the aisle of a store. In such cases, the legal question is whether or not the store owner breached its legal duty to keep its premises “in a reasonably safe condition” for invited members of the public. The owner is not, however, required to absolutely guarantee a patron’s safety.

ABH Corporation v. Montgomery

In some cases, a store owner’s duty may extend possible criminal acts that occur on its premises. But this can be much trickier to prove than a simple slip and fall. This is because the victim must prove that the store owner had “reason to anticipate” the criminal act and failed to exercise “ordinary care” to protect the public. The mere fact that a crime occurred, or even that the neighborhood may be considered more prone to criminal activity, is not enough to establish the store owner’s legal liability.

If you are involved in a car accident, you should always promptly notify your auto insurance carrier. Failure to do so may lead the insurer to deny coverage. This is a basic rule of Georgia insurance law that applies equally to large companies. At the end of the day, an insurance policy is a contract, and you are expected to strictly adhere to its terms, including any notice requirements.

Nationwide Property & Casualty Insurance Company v. Renaissance Bliss, LLC

Indeed, a failure to notify can affect the rights of third-party victims who may end up suing an insured entity. A recent decision from the U.S. 11th Circuit Court of Appeals in Atlanta, Nationwide Property & Casualty Insurance Company v. Renaissance Bliss, LLC, provides an illustration of this principle. This particular case began with the rape of a property manager at a Georgia condominium complex. The sexual assault occurred in the property’s parking lot. When police later arrived at the scene, they learned that the parking lot’s security cameras, which might have captured footage of the assault, were not operational.

You probably know that if you are injured due to someone else’s negligence, you can sue that person to recover your medical expenses. But defining the precise scope of medical expenses can get complicated, particularly in the U.S. healthcare system. For instance, are you entitled to recover the full amount you were billed by your doctor or hospital, or just what your insurance company agreed to pay?

Higgs v. Costa Crociere Spa Company

A federal appeals court recently confronted this question in the context of a maritime law dispute. While personal injury cases that arise on land normally fall under state law, if are you injured on a cruise ship or elsewhere on the “high seas,” you typically need to sue the negligent party under federal maritime law.

One of the most common types of personal injury lawsuits in Georgia is the “slip-and-fall” case. We know how these cases start. A customer is shopping in a local store and suddenly slips on a puddle of water or some other liquid. The customer sustains serious injuries in the fall that require medical attention. Later, the customer sues the store owner to recover damages arising from the accident.

Under Georgia premises liability law, it is not enough for the customer to prove that the hazard–i.e., the puddle of water–existed and was the cause of the fall. The customer must also demonstrate that the store owner had superior knowledge of the hazard. By “superior knowledge,” we mean that the property owner knew about (or should have known about) the hazard in time to warn the customer about the potential danger. In contrast, if the customer had equal or superior knowledge of the hazard, then the store owner can defeat any personal injury claim. Put another way, if the customer was warned about the hazard in some way, yet chose to risk walking in the area regardless, the customer cannot then turn around and demand compensation from the property owner for any injuries suffered.

Allen v. AB Aviation, Inc.

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