Cohen & Sinowski
Cohen & Sinowski

Defining Premises Liability Claims Under Georgia State Law

According to Georgia law, a property owner is liable for injuries that occur on their property due to negligence. That means if there is an issue with the property that causes you to be injured, the property owner may be liable for your injuries.

If you are injured on someone else’s property, you may be able to file a premises liability claim in order to seek compensation for your injuries. Premises liability cases can be quite complex, however, so it’s important to consider seeking legal counsel before moving forward.

Common Types Of Premises Liability Claims In Georgia

Slip and fall accidents are among the most common types of premises liability cases. Property owners have a responsibility to maintain their property for safety, and if an owner fails in this duty and someone gets hurt as a result, the injured person may be able to file a claim.

Types Of Injuries That Generally Occur As A Result Of Slip And Fall Or Trip And Fall Accidents

A simple slip could lead to serious injuries such as broken bones, head injuries, neck and back injuries, sprained ankles and wrists, or even death.

How Georgia Law Considers Fault When Determining Compensation For A Slip And Fall Injury

Georgia is a state that follows comparative fault, which means you can be compensated for your damages even if you share some fault in causing the slip and fall. When determining how much compensation to award, however, a court will reduce the amount based on your own percentage of fault.

For example, if your slip and fall occurred due to a puddle from a leaking air conditioner, but the store had failed to fix the leak for several days, the store may be found 90 percent at fault for failing to repair the problem. If you are awarded $100,000 for your injuries, however, the court would reduce that amount by 10 percent because of your failure to avoid walking through the puddle. You would receive $90,000 instead

How A Premises Liability Claim Can Be Proven

To prove a premises liability case, you must show that the property owner did not fulfill their duty of care by failing to warn visitors of known and latent dangers on the premises.

  • In other words, you need to take these steps:
  • Prove the property owner knew or should have known about a hazard on their premises — such as a slippery floor or loose railing
  • Show they did not warn visitors of this hazard
  • Prove that their negligence caused your injury

Why To See A Physician Even If Your Injures Appear Minor

In the moments following an accident, it can be hard to know how badly you’ve been hurt. Adrenaline pumping through your body might make it seem like you’re fine. However, that adrenaline can make it difficult to identify injuries, especially the more internal ones.

Even if you think your injuries are minor, we always recommend getting checked by a doctor to be certain that you do not have any underlying injuries

Who Might Be Liable If You Sustained An Injury By Slipping And Falling On Public Property

In the case of personal injury on public property, the governmental body or agency managing that property may be liable. Whether it is a municipal agency, state department, or federal government, the entity responsible for maintaining public property has a duty to ensure that it’s safe for the public to use.

However, liability isn’t always cut and dry. The first step in determining who’s liable for your injuries is to identify the type of public property where you sustained injuries. Once you’ve identified the type of property and the governmental body that manages it, you can move forward with filing a lawsuit or claim against them if your injuries were due to neglect or unsafe conditions.

What To Do If You Slipped And Fell On A Friend Or Family Member’s Property

You might not want to sue, but that doesn’t mean you shouldn’t talk to a lawyer. Having a lawyer evaluate your case can give you a better understanding of your legal rights and obligations, and what steps to take next.

If it was indeed just a “minor” injury, then it’s unlikely that you have much of a case. There must be significant injuries in order for there to be a claim. If the other person was negligent (didn’t act with reasonable care) then there may be liability, although from the description of the incident this may have been more of an accident.

If you do decide to pursue legal action, if you are unsure how best to proceed, consider reaching out to a personal injury attorney who can discuss your options with you. A lawyer can help evaluate whether or not you would have a successful claim and recover damages for your injuries.

For more information on Premises Liability Injury Claims In Georgia, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (404) 383-8835 today.

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