Proving Negligence In a Georgia Premises Liability Case
All property owners have a legal obligation to take reasonable measures to ensure that their premises are safe for anyone who lawfully enters the property. Even homeowners must contain dangerous dogs and maintain safe conditions for delivery personnel, repair workers, and neighbors who approach the front door. Commercial property owners have an enhanced duty of care to those they invite onto their property for business.
After suffering a preventable injury on someone else’s property, you have the right to compensation for your losses. First, a successful claim requires compelling evidence of the property owner’s negligence.
What Common Types of Negligence Cause Premises Liability Cases In Georgia?
Many property owners take pride in their property and provide prompt, efficient maintenance. Unfortunately, some property owners cut corners, procrastinate maintenance, and put off necessary repairs, resulting in dangerous conditions. Common types of property owner negligence that result in injury include the following:
- Failure to perform regular inspections
- Lack of adequate maintenance
- Inadequate or faulty repairs
- Failure to address a safety hazard with warning signs and prompt corrections or repairs
- Negligent parking lot and sidewalk maintenance
- Providing inadequate security and/or insufficient lighting
If a property owner fails to address a problem the way a reasonable property owner would have under the same circumstances, it’s an act of negligence that leaves them liable in a personal injury lawsuit for any related damages. for any injury-related damages.
What Types of Accidents and Injuries Happen Due to Property Owner Negligence In Georgia?
When a property owner, leaseholder, or manager fails to take reasonable care, accidents and injuries such as the following may occur:
- Slip-and-fall accidents
- Falls from broken staircases, escalators, or elevators
- Dog bites
- Pool injuries
- Apartment fires
- Toxic exposures
- Assaults and acts of criminal violence due to inadequate security
- Tree limb or falling tree injuries
- Faulty appliance injuries
- Electrocutions
- Ceiling or balcony collapses
When a serious injury occurs on someone else’s property, and the injury was preventable with reasonable care by the owner, the injury victim has a right to compensation for their medical expenses, lost earnings, pain, and suffering. Compensation typically comes from the property owner’s insurance, first requiring a meticulously filed claim with evidence of the property owner’s negligence to prove liability.
Understanding Evidence In Georgia Premises Liability Cases
Georgia’s tort laws require evidence of negligence in premises liability cases that meets the following standards demonstrating liability:
- The property owner owed a duty of reasonable care to the injury victim because they were lawfully on the property and not trespassing or committing a crime
- The property owner breached the duty of care through negligence
- The breach of duty caused the injury
- The injury victim suffered damages from the injury
Common sources of evidence to prove negligence in premises liability cases include dated maintenance and repair invoices, eyewitness testimony, security camera video, photographs, a history of written or recorded complaints, and the injury victim’s medical bills and employer statements.
How Can a Georgia Premises Liability Attorney Help Me?
It takes an experienced investigation and access to resources like accident reconstruction specialists and medical experts to make a compelling case for full and fair compensation. An attorney safeguards against insurance companies that prioritize their profits at the injury victim’s expense. Contact Piasta Walker Hagenbush, LLC today, so we can take prompt action on your behalf while you focus on healing.