Premises Liability
What is Premises Liability?
Premises liability is the legal responsibility of a property owner, business, landlord or other party in control of a property to keep the premises and its approaches reasonably safe. A claim may arise when someone is injured by a dangerous condition such as a wet floor, broken stair, missing handrail, inadequate lighting, falling merchandise, code violation or negligent security.
An injury on someone else’s property does not automatically establish liability. In Georgia, the injured person generally must show that the responsible party knew or should have known about the hazard and failed to repair it, remove it or provide an adequate warning. Identifying who controlled the property and proving what that party knew are often the most important parts of the case. O.C.G.A. § 51-3-1
What Are the Most Common Forms of Premises Liability?
Premises liability can arise from many dangerous conditions on commercial, residential or public property, including:
- Slippery or wet floors
- Uneven sidewalks and walkways
- Broken stairs or missing handrails
- Poor lighting in stairwells, hallways and parking areas
- Falling merchandise or unsecured objects
- Unrepaired structural hazards
- Faulty electrical systems or exposed wiring
- Building and safety code violations
- Inadequate security
- Broken locks, gates or security systems
- Dog bites and animal attacks
- Swimming pool accidents
- Elevator and escalator accidents
- Fires, burns and unsafe heating systems
- Toxic substances, mold or chemical exposure
- Landlord negligence at apartments and rental properties
Compensation Available in a Georgia Premises Liability Claim
A serious injury on unsafe property can create financial, physical and emotional consequences that extend far beyond the initial accident. Depending on the circumstances, compensation may include medical expenses, future treatment and rehabilitation, lost income, reduced earning capacity, pain and suffering, permanent disability and loss of enjoyment of life. In fatal premises liability cases, eligible family members may also pursue compensation through a wrongful death claim. The value of each case depends on the severity of the injuries, the available evidence and how the injury affects the person’s daily life and future.
What Evidence Can Strengthen a Premises Liability Claim?
Photographs and videos of the dangerous condition, surrounding area and visible injuries can be critical in a premises liability case. Preserve the clothing and shoes worn at the time, obtain a copy of any incident report and save witness information, medical records and communications with the property owner or insurance company. Surveillance footage, inspection logs, maintenance records and prior complaints may also show how long the hazard existed and what the responsible party knew. Because this evidence can be altered, repaired or erased quickly, contact an attorney as soon as possible. Do not delay seeking help simply because you do not have every document or piece of evidence.