According to Georgia state law, an owner or an “occupier of land” could be liable if someone sustains an injury on their property. The owner/occupier may be liable because they had failed to exercise reasonable, or ordinary, care in keeping the property (premises) safe; they were negligent in ensuring the property’s safety. This concept is known as premises liability. 

In short, an owner or occupier has the responsibility to keep the space safe for any lawful visitor. An example of an owner would be a property owner, like a business owner or a homeowner. An example of an “occupier” in this case would be an apartment tenant.

What are the types of premises liability cases? By far, the most common reason for premises liability claims are slip and fall injuries. These instances occur when a property owner has failed to keep the premises safe from any dangerous conditions, so a visitor falls as a result. 

Negligence could mean a failure to clean up spills, especially when those in charge knew about the spill and did nothing to correct it. Conditions could also include unsafe stairways, uneven flooring, and unfilled holes. 

There are many factors to consider when dealing with a premises liability case. In this blog post, we will review five important things that you need to keep in mind if you should be involved with a case of this type. If you’ve been injured at a property due to the owner’s negligence, call us today for a free consultation. 

Visitor Status 

 In general, there are a few types of visitors associated with a possible premises liability case:

• Invitee – a visitor on the premises legally, like a patron of a store

• Licensee – a person on the premises that is neither a customer, servant nor trespasser

• Trespasser – a visitor on the premises illegally 

• Social guest – a person present on the premises for a social gathering or party

According to the premises liability law in the state of Georgia, the nature of the premises liability hinges on the status of the property visitor. The law states: “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” 

This idea of “being invited,” whether the invitation is passively implied or actively (expressly) given, determines the rest of the premises liability case. The visitor must have been “invited” onto the premises to obtain any damages as a result of any injury. 

This means that, in the state of Georgia, the visitor must be on the premises legally, thereby excluding any eligibility of any trespasser that may have entered the premises unlawfully. If it is unclear whether the visitor was an invitee or a trespasser, it is prudent to consult with an experienced premises liability attorney on the matter. 

Property Condition 

Generally speaking, the owner or occupier of the property has a reasonable responsibility to maintain the condition of the property and ensure its safety. That being said, in a premises liability case, the following factors would be taken into consideration:

• The circumstances of the visitor’s visit

• The manner in which the property is being used 

• Whether the accident or injury was foreseeable

• The level of effort the owner or occupier took to ensure the environment’s safety

The Matter of Fault

The condition and even location of the property is taken into account in the matter of premises liability fault. If the owner is aware of unsafe conditions on the premises, it is within reason that they should post warnings regarding the danger. This is especially true if the owner knows that trespassers may be likely to enter the property. 

However, in Georgia, if the property owner or occupier invites the invitees onto the property with express or implied invitation, then the owner or occupier is liable in the case of an invitee injury. In most cases, any visitor on a premises has a personal responsibility for their own safety. But sometimes accidents can be prevented if the owner is taking steps to ensure everyone’s wellbeing.

For personal injury cases, the state of Georgia is a modified comparative fault state. When the plaintiff bears partial fault for their own injury, their path toward getting full compensation may be limited. According to FindLaw, “an injured person’s legal damages will be reduced by a percentage that’s equivalent to his or her fault for the incident.” 

This does not mean that you should not seek compensation if you bear partial fault. If you have been injured due to a property owner’s negligence, even if you feel that you bear partial blame, you should contact an attorney who specializes in premises liability and personal injury. Call us at Castan & Lecca today for a free consultation. 

If a Child is Injured 

Sometimes, a minor may enter the premises unattended. This could include a child entering a store by themselves or even playing on a school playground on a weekend. The item that gets the child onto the property is known as an “attractive nuisance.” This could lure them onto the property, and they could sustain an injury in this case.

By law, attractive nuisances are items that are man-made. A few examples of attractive nuisances include pools, trampolines, fountains, machinery, treehouses, wells, tunnels, and dangerous animals. 

Therefore, property owners and occupiers should take reasonable steps to ensure that these attractive nuisances are kept secure.

The Attractive Nuisance Doctrine has three parts: 

• Children cannot be expected to fully assess and understand risk

• Property owners have a special responsibility to ensure that children remain safe

• If this responsibility is not upheld, the property owner or occupier is liable

The owner or occupier must engage in reasonable warnings about the possible danger of injury in the area. In the case of uninvited children on the property, they are not treated as trespassers. 

Landlords and Premises Liability 

In circumstances where an occupier or employee maintains the premises, the role of the landlord, or lessor, must be taken into account. There are special rules and laws when dealing with the role of the lessor in premises liability cases. 

In general, the lessor is no longer held liable for any accidents or injuries on the property once they lease it to an occupier. The occupier, who is in direct control of the property’s condition, is therefore liable for visitor injury and responsible for upkeep of the property. 

There are exceptions in this regard. For instance, if a landlord leases apartments to different tenants, the condition of each apartment is the responsibility of each tenant. The landlord, however, must maintain common areas like hallways, stairwells or courtyards according to safety standards.

The Takeaway 

Accidents may happen on any number of properties. These properties include office buildings, retail stores, apartment buildings, houses–just to name a few. As a visitor, it’s always good to be aware of possible sources of injury to protect your own personal safety. However, in cases of unsafe conditions that an owner or occupier should be aware of, they are largely liable. 

Many people get injured on a property due to unsafe conditions that were a result of the owner’s negligence. If you have been injured, you may have a viable premises liability claim. 

If so, you should contact our team at Castan & Lecca. We are exceptional personal injury attorneys who are committed to securing compensation for you and delivering superior results for your case. Call us today for a free consultation.