In Georgia, property owners are responsible for ensuring their premises are safe for visitors. Whether it’s a commercial business, residential building, or public facility, any negligence in property upkeep can lead to severe injuries. Injured individuals may have grounds to hold property owners accountable when poor maintenance results in harm.
Here, our Atlanta personal injury attorneys at Ashby Thelen Lowry explain how the process works and why proper maintenance is essential for safety.
Understanding Premises Liability in Georgia
Premises liability is a legal principle that holds property owners accountable when unsafe conditions on their property cause harm to lawful visitors. In Georgia, property owners are required to exercise “ordinary care” in keeping their premises safe. Failing to do so can lead to a premises liability claim if it’s found that poor maintenance directly contributed to an injury.
Common Examples of Poor Maintenance Leading to Injuries on Georgian Premises
Various maintenance issues can create dangerous conditions for visitors. Some of the most common examples include:
- Slippery Floors and Spills
Neglecting to clean up spills or maintaining safe, dry flooring can easily lead to slip-and-fall incidents. Property owners are expected to place visible warnings, repair leaks, or address any wet areas promptly to prevent hazards.
- Broken Handrails and Staircases
Stairs and handrails must be stable and secure. Poorly maintained handrails or broken, uneven, or improperly lit steps can lead to severe injuries, especially in multi-level buildings or places with high foot traffic.
- Damaged Sidewalks and Walkways
Cracks, uneven surfaces, or poorly lit walkways create trip hazards, especially in residential complexes or public spaces. Property owners should routinely check and repair any issues to minimize risks.
- Inadequate Security and Lighting
Poor lighting and lack of security measures can create risks for theft, assault, or injury, particularly in parking lots or shared residential spaces. Property owners have a duty to ensure these areas are properly lit and secure.
- Failure to Maintain Elevators and Escalators
Regular maintenance of elevators and escalators is crucial. Any malfunction or lack of routine safety checks can lead to injuries. Property owners are responsible for ensuring these systems are in safe working order.
- Unsecured Swimming Pools or Playgrounds
Property owners are obligated to maintain safety standards in places with recreational facilities like pools or playgrounds. Lack of fencing, broken equipment, or failure to properly supervise can increase the likelihood of injury.
How Property Owners Can Be Held Responsible
To hold a property owner accountable for injuries caused by poor maintenance, injured parties generally need to prove three key elements:
- Duty of Care
The injured person must show that the property owner had a duty of care toward them. This duty generally applies to guests, tenants, or customers with lawful reasons to be on the property.
- Breach of Duty
If the property owner fails to maintain the property to safe standards, they may be found to have breached their duty. Evidence such as maintenance records, eyewitness statements, and photos of the hazardous conditions can support this claim.
- Causation and Damages
The injured party must demonstrate that the lack of maintenance directly caused their injury and that they suffered damages as a result. These damages can include medical bills, lost wages, or even long-term impacts from the injury.
How Our Atlanta Personal Injury Attorneys at Ashby Thelen Lowry Can Help You Build Your Case
Premises liability cases require solid evidence to show that the property owner’s negligence led to your injury.
Our Atlanta personal injury attorneys can assist by:
- Investigating the property’s maintenance history and prior safety complaints.
- Consulting with experts to evaluate how the conditions likely caused your injuries.
- Gathering documentation demonstrating the property owner’s failure to uphold safety standards.
Injuries caused by poor property maintenance can be severe, leading to significant medical costs, time away from work, and lasting physical limitations. Holding property owners accountable through a premises liability claim is one way to recover the damages you deserve and raise awareness about the importance of property safety.
If you or a loved one has been hurt due to a property owner’s negligence, don’t hesitate to contact our experienced Atlanta personal injury attorneys for a free consultation.