Decatur Premises Liability Lawyer
According to state law, property owners must ensure that their property is free from hazardous conditions that could pose injury to visitors. If a proprietor breaches this duty, and you suffered an injury as a result, a Decatur premises liability lawyer could help you pursue compensation. An experienced personal injury attorney could use their skill and knowledge to fight on your behalf and hold the negligent property owner responsible.
Types of Premises Liability Claims
Valid premises liability cases can arise from a variety of situations, some of which may include:
- Trip and fall accidents;
- Swimming pool incidents;
- Negligent Security;
- Terrace or balcony falls;
- Dangerous dog attacks; or
- Amusement park accidents.
A knowledgeable Decatur premises liability attorney could examine a plaintiff’s accident to determine the best course of action to prove a defendant’s negligence depending on the cause of their injuries.
Types of Visitors
Under the Official Code of Georgia §51-3-1, when a property owner invites people onto their property for any lawful purpose, the owner is liable for any injuries caused by their failure to exert necessary care to keep the premises free from hazards. State law establishes the different types of visitors, and the responsibility property owners have to each category.
An invitee is anyone the property owner allows to enter their property, whether by direct or implied invitation. Property owners owe a substantial duty of care to invitees. They must take care of known property hazards, monitor their property for any unknown dangerous conditions, and warn visitors of any unapparent dangers.
The law also defines a licensee, someone who enters a property with permission from the proprietor. The main difference between invitees and licensees is that a licensee enters a property for a specific purpose.
A trespasser is someone who enters the premises illegally. Property owners are only liable for wanton or willful injuries sustained by trespassers on the premises.
Proving a Premises Liability Claim
Proving a valid premises liability claim can be difficult without help from a seasoned Decatur property liability lawyer. First, the plaintiff must prove that the defendant resided on, leased, or owned the property in question at the time of the incident.
Then, the injured party must establish that the property owner exhibited negligence in their use or management of the property. A court may consider a proprietor negligent if they knew or should have known of a hazardous condition and did not remedy this condition within a reasonable amount of time.
The plaintiff must also prove that the defendant owed them a duty of care based on which visitor classification they fall into. If the injured party does not belong to either category, the property owner may not owe them any duty of care and therefore, may not be liable.
Finally, the injured victim must provide evidence that they incurred damages as a result of their injuries. Georgia follows the contributory negligence rule, which means that a plaintiff may only receive damages if they are 49 percent or less at fault for their injuries.
Call a Decatur Premises Liability Attorney for Assistance
Getting injured on another person’s property could lead to many legal obstacles. Fortunately, a Decatur premises liability lawyer could help you secure a financial recovery for losses you have suffered due to an accident on someone else’s property. To learn about our 100 percent satisfaction guarantee, call today.