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What to consider before making a premises liability claim

| Jun 9, 2020 | Uncategorized

If you or a loved one has been injured on a premises that is owned by someone else, the liability for the accident may lie with the property owner. It’s likely that significant financial expenses were incurred as a result of the medical treatment needed after the incident, and additional emotional and physical damages may have been suffered. If you are successful in making a premises liability claim, you will be able to gain compensation for all the financial damages incurred as well as additional compensation to address the pain and suffering caused.

However, to be successful in making a premises liability claim, you must ensure that you are able to hold the premises owner liable. When evaluating whether you will be able to do this, you should consider the following.

What was the legal status of the visitor?

The first consideration to be made is the legal status of the injured visitor. In some cases, the legal status of the visitor who was injured on the property can affect their ability to make a claim. If a visitor is an invitee or a social guest, they are legal visitors on a property. This means that the premise owner has a legal duty to keep them safe wherever reasonably possible. For example, a customer in a store is a legal visitor. Therefore, if they slip and fall on a wet floor, it’s likely that they’ll be able to make a premises liability claim.

A trespasser enters a property without the legal right to do so. The property owner, in most cases, cannot be expected to make a property safe for an illegal visitor. There are some cases, however, in which a property owner should make sure that a property is reasonably safe in case people trespass.

Did the premises owner engage in negligence?

Some accidents on a property are due to the negligent behavior of the guest, but others are due to the premises owner’s breach of their duty to keep the property reasonably safe. If you believe that the premises owner’s negligence led to your injury, it’s likely that you’ll be able to make a claim.

Make sure that you understand your legal rights before taking action to make a premises liability claim in Georgia.