When property owners fail to keep their premises safe for lawful visitors, they may be liable for accidents and injuries that arise as a result. Slip-and-falls, electrocutions, structural collapses, and other accidents can leave visitors with severe injuries, costly medical bills, and lost income from time missed at work.
If you were hurt while on someone else’s property, do not hesitate to speak with an attorney as soon as possible. You may be entitled to fair compensation for your injuries.
The Roswell premises liability lawyers at Butler Kahn are here to help. For decades, our legal team has worked with injury victims throughout Georgia to secure the accountability and compensation they deserve. We are ready to do the same for you. Contact us today for a free consultation.
What Is Premises Liability?
Under Georgia law, property owners must ensure their premises are safe for lawful visitors. This “duty of care” owed to visitors is at the heart of premises liability law. If a property owner does not satisfy their obligation and a visitor is injured as a result, they may owe the injured party compensation.
The level of care owed by property owners varies depending on their relationship with each visitor to the premises. Georgia law classifies visitors into three categories:
- Invitees – Invitees are visitors implicitly or explicitly invited to the property for the owner’s benefit. Visitors to commercial establishments like grocery stores and restaurants are normally classified as invitees. Property owners owe the highest duty of care to invitees, meaning that they must fix any hazards on the premises or ensure that invitees are adequately warned about those hazards.
- Licensees – Licensees have permission to visit a property. However, whereas invitees visit for the property owner’s benefit, licensees visit for their own. Examples include house guests at a dinner party and door-to-door salespeople. Property owners owe a lower duty of care to licensees than to invitees. While property owners must warn licensees of known hazards on the premises, a licensee usually cannot claim compensation for hazards the property owner was not aware of.
- Trespassers – Trespassers are illegal visitors to someone else’s property. Property owners are only liable for a trespasser’s injuries if they intentionally cause them. For example, if a property owner deliberately sets up a hazard to deter trespassers, injured trespassers will have a valid premises liability claim.
However, Georgia makes an important exception meant to protect young children who are unlikely to understand the inherent dangers of trespassing. A property owner might be liable if a child is enticed onto a property by an “attractive nuisance” and injured as a result.
Common Accidents in Premises Liability Cases
Accidents that may lead to premises liability are extremely diverse. At the end of the day, each should be evaluated on a case-by-case basis. That said, some of the most common scenarios leading to premises liability include:
- Slip-and-fall accidents
- Sidewalk accidents
- Stairwell, elevator, and escalator accidents
- Dog bites and animal attacks
- Ceiling collapses
- Swimming pool accidents
- Construction accidents
- Accidents related to faulty electrical wiring
- Accidents caused by inadequate lighting
- Robberies, assaults, and other criminal acts
- Poor surveillance and security
- Accidents caused by falling objects
- Fires
Common Injuries in Premises Liability Cases
Any accident sustained on property belonging to someone other than the victim may lead to premises liability. Among others, these include:
- Broken bones and fractures
- Lacerations and puncture wounds
- Strains, sprains, bruises, and other soft-tissue injuries
- Back and neck injuries
- Head and brain injuries
- Spinal cord injuries
- Internal bleeding and organ damage
- Drowning and asphyxiation
- Burns and electrocutions
- Emotional trauma
- Wrongful death
On What Properties Would Premises Liability Apply?
The common trait shared by all premises liability accidents is simply that they occur on property that belongs to someone other than the injured victim. Beyond this shared trait, premises liability accidents can happen anywhere. Some of the most common sites of premises liability accidents include:
- Restaurants
- Retail stores
- Hotels and resorts
- Apartment complexes
- Condominiums and townhomes
- Office buildings
- Hospitals and clinics
- Stairwells and elevators
- Swimming pools
- Construction sites
- Amusement parks and theme parks
- Stadiums and concert venues
- Parking lots and garages
Who May Be Liable in a Premises Liability Case?
Whoever owns the property where your accident occurred may be liable for the injuries you sustain, provided they failed to address the underlying hazard that led to the accident. Beyond the property owner, any other parties responsible for the conditions that caused the accident may also be liable.
For example, owners of an apartment complex may be liable for accidents in common areas, whereas apartment tenants may be liable for accidents within their zones of control. Similarly, property management and maintenance companies may also be liable.
The premises liability lawyers at Butler Kahn are ready to evaluate your case and identify all sources of liability. Call today for a free consultation.
What Compensation is Available Through a Premises Liability Injury Claim in Roswell?
The compensation available through a premises liability lawsuit varies widely depending on the nature and severity of your underlying injuries. Our Atlanta premises liability lawyers can help you pursue compensation for:
- Medical bills
- Lost wages
- Reduced earning potential
- Pain and suffering
- Emotional distress
- Diminished quality of life
- Loss of consortium
- Damaged personal property
- Funeral and burial costs
- Wrongful death
Is There a Time Limit for Filing My Premises Liability Lawsuit in Georgia?
Yes. In Georgia, the standard deadline to file a personal injury lawsuit — including most premises liability cases — is two years from the date of the injury. This deadline is strictly enforced. Subject to very few exceptions, your case will be dismissed in court if filed after the deadline. Talk to a lawyer as soon as possible after an accident to avoid having your case barred by the statute of limitations.
Contact a Roswell Premises Liability Lawyer Today
If you are reading this page because you or a loved one has been hurt in a premises accident, we hope you are receiving the medical care that you need and are making a recovery. We hope the information on this page has been helpful. If you’d like to talk with us about your situation, call us or contact us online. There is no charge to talk with us about your case.
