If you have been injured on someone else’s property, you may have the right to recover compensation. Contact a premises liability lawyer serving Macon, GA, today. The legal team at George Sink, P.A. Injury Lawyers can help you understand your rights and take the next steps.
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Georgia’s Premises Liability Law
Georgia premises liability law is based on the fact that all property owners must exercise ordinary care to ensure that the premises is safe for those guests, customers, or visitors of the property.
In order for premises liability laws (Ga. Code § 51-3-1) to apply, the following conditions must be met:
- The defendant must be an actual owner or occupier of the premises;
- The plaintiff must have been invited to the property or on the property lawfully; and
- The accident on the property must have occurred due to the defendant’s negligence or failure to exercise ordinary care for the property.
It is important to note the obligation to keep a property safe is required by Georgia law to anyone invited as an invitee, which could include a guest, customer, student, passenger, tenant, patron, patient, or any other person legally and lawfully allowed to be on the premises. A lesser duty is owed to a licensee. No legal duty is owed to trespassers.
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Elements of a Premises Liability Case
In these cases, your attorney will work to build a premises liability case by establishing the elements of duty, breach, causation, and damages:
- The property owner had a duty to keep the premises clear and safe from dangerous or hazardous conditions;
- The property owner breached their duty to a guest, visitor, customer or another person lawfully present person on the property;
- The negligence of the property owner to take appropriate and ordinary care of the property directly resulted in the accident; and
- Damages resulted from the accident.
If these elements are met, we can help you build a strong case for your injuries that you suffered from dangerous conditions on someone’s property due to their recklessness or negligence.
Contact a premises liability attorney in Macon, GA, at George Sink, P.A. Injury Lawyers to learn how to build your case against a property owner for the injuries that you suffered.
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Premises Liability Cases We Handle
A property owner can be held liable for any injuries suffered as a result of their negligence or lack of care. Some of the most common types of cases our Macon premises liability attorneys handle include accidents involving:
- Slip and falls
- Stairway falls
- Balconies or terraces
- Swimming pools
- Negligent security
- Dangerous animals
- Nursing home mishaps
- Amusement parks
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Dangerous Conditions That Could Leave a Property Owner Liable
Property owners have an obligation to ensure that their establishment or property is maintained in a safe condition. Many dangerous conditions occur when there is little attention to maintenance leading to disrepair and unsafe areas for visitors.
Common dangerous conditions can include:
- Cracked or uneven sidewalks
- Falling merchandise in shops
- Unmarked steps
- Broken steps
- Uneven stairs
- Broken handrails
- Slippery floors due to inadequate clean up
- Contaminated pool water in hotels
- Unsafe escalators
- Malfunctioning or broken smoke alarms or carbon monoxide detectors
- Unmarked areas that are hazardous
- Overzealous or inadequate security
The Property Owner Must Have Had Knowledge of the Dangerous Condition
A valid premises liability claim requires that the property owner had actual or constructive knowledge of the potentially dangerous or hazardous condition.
Actual knowledge includes knowledge (as defined in Ga. Code § 14-8-3) or information that is actually known, seen, or heard by the property owner. If the property owner sees the dangerous condition, hears of it from someone, or knows about it in any kind of way prior to the accident, they will be deemed to have actual knowledge of the hazardous condition and are liable for any injuries that are suffered due to the dangerous condition.
Constructive knowledge is anything that the property owner should have known regarding the dangerous or hazardous condition.
For example, the handrail in a stairway had been broken for months. The handrail had been broken for long enough that the property owner should have known about it. That is constructive knowledge.
Contact a Premises Liability Lawyer
Premises liability law covers many different kinds of accidents that can occur due to a property owner’s negligence. A premises liability lawyer serving Macon, GA, can help you understand and navigate the complex strategy of proving negligence in your specific and unique premises liability case.
Contact George Sink, P.A. Injury Lawyers by phone or online today for your free consultation.
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