Our Atlanta personal injury attorneys at Ashby Thelen Lowry know that determining liability for injuries on private property in Georgia involves understanding premises liability law. Several factors influence liability, including the injured person’s status, the property’s condition, and the property owner’s actions.
Here, we discuss who can be held liable for injuries on private property so our fellow Georgians can hold the proper party accountable for their damages.
Assessing Liability for Georgia Property Owners or Occupiers & Third Parties
Property owners or occupiers have a legal duty to maintain their property reasonably safe and warn visitors of any unknown hazards. The duty of care owed by the property owner varies depending on the injured person’s status.
That includes:
- Invitees: People invited onto the property for business purposes, like customers in a store. Property owners owe invitees the highest duty of care, which includes regularly inspecting the property and fixing or warning about hazards.
- Licensees: Social guests or others allowed to be on the property for non-commercial purposes. Property owners must warn licensees of known dangers that the licensees are unlikely to discover on their own.
- Trespassers: Individuals who enter property without permission. Property owners owe trespassers a limited duty of care, primarily to avoid willful or wanton harm.
Property owners must exercise reasonable care to prevent injuries. This includes regular maintenance and repair of the property. If the property owner knew or should have known about a dangerous condition and failed to take appropriate action to fix it or warn visitors, they could be liable for resulting injuries.
In addition to the property owner, if a contractor or third party performs work on the property and causes a hazardous condition leading to injury, they may be liable. Companies hired to maintain or repair the property can also be held liable if their negligence creates a dangerous condition.
Can I Pursue a Friend or Family Member for Injuries that Occur on Their Properties?
Liability for injuries on private property in Georgia primarily falls on the property owner or occupier. However, when injuries occur during visits or social gatherings, that liability often falls on friends or family members.
The most common personal injury incidents that occur at friends’ or family members’ properties include:
- Slip and Falls: These often happen due to wet floors, uneven surfaces, loose rugs, or cluttered walkways.
- Trip and Falls: These are caused by hazards like loose steps, poor lighting, or obstacles in high-traffic areas.
- Dog Bites and Animal Attacks: Injuries from pets that may become aggressive or fearful around guests.
- Swimming Pool Incidents: These include drownings, near-drownings, or slip-and-fall incidents around the pool area.
- Burns and Scalds: Often occur in the kitchen from hot liquids, steam, or flames from fire pits.
- Sports and Recreational Injuries: Resulting from activities like trampolining, backyard sports, or other recreational equipment.
When these incidents occur in places where individuals must pursue an injury claim against someone they know and love, their relationships can become strained. We can help. Generally, the individual or party’s property insurance is pursued for our clients’ damages.
Involving an experienced personal injury lawyer allows the injured party to step back and maintain their relationship with the property owner while we pursue their insurance coverage directly.
If you have been injured on private property in Georgia, contact our skilled Atlanta personal injury lawyers and support team at Ashby Thelen Lowry at (404) 777-7771 to schedule a free consultation. This initial step will ensure your rights are protected and enable you to make informed decisions about the direction of your claim.