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Premises Liability Lawsuits

Georgia Premises Liability Law Firm

What To Do When You Are Hurt On Someone Else’s Property

At Strom Law Firm, our lawyers are experienced in dealing with the many issues that may arise from premises liability cases.

We have worked with dozens of clients who have been hurt on property owned by another person.

Although many cases involving premises liability are actually slip and fall accidents, these cases are not always as simple as they appear because there are frequently complex issues regarding insurance coverage and liability.

Our premises liability practice covers the entire state of Georgia and includes:

  • Accidents occurring in grocery stores
  • Retail store accidents
  • Elevator accidents
  • Accidents occurring on unsafe fast-food playgrounds
  • Swimming pool accidents
  • Accidents and injuries caused by negligent security
  • Dog bites and animal attacks
  • Government property accidents

Many people are not aware that most homeowners insurance policies provide a type of coverage that covers medical bills regardless of fault.

If you or someone you love has been inured in a falling accident or by any other dangerous condition on public, commercial, or private property, you may be able to recover monetary damages from the property owner to cover medical expenses, lost wages and pain and suffering.

What You Need To Prove For a Slip and Fall

All that must be proven is that a person was injured on the property covered by the homeowners’ policies. It is not necessary to prove fault on the part of the homeowner. More importantly, claims are paid by an insurance company and not the actual homeowner. However, claims must usually be made in a short time span which is much shorter than the three year statute of limitations which is normally applicable in Georgia. The time-frame may also be determined from the insurance policy itself so it is important to speak with an experienced attorney who has handled similar cases.

Standard of Care for Premises Liability

The standard of care owed to a person on someone else’s property depends upon whether the person on the property is a trespasser, a licensee, or a business invitee.

A trespasser is a person who goes upon the premises of another without an express or implied invitation, for his or her own purposes, and not in the performance of any duty to the owner. Where premises owners are not aware of the presence of trespassers, they typically have no duty to warn a trespasser of any dangers or to make their premises safe for the benefit of a trespasser. If the premises owner is aware of the presence of trespassers, the premises owner may be obligated to exercise ordinary care in relation to the safety of a trespasser.

A licensee is a person who is invited to enter or remain on the premises for any purpose other than a business or commercial one with the express or implied permission of the owner or person in control of the premises. A social guest is considered to be a licensee, not an invitee.

Typically, a possessor of premises is liable for physical harm caused to a licensee by a condition on the premises if the owner of the property knew or should have known that the property had an unreasonable risk of harm and failed to take reasonable steps to ensure that the property was safe.

Cases involving businesses typically involve complex issues of insurance coverage. Some businesses are covered by multiple insurance policies and it is important to fully understand each of these policies before making a claim. In the case of a home or private property owner, an important fact people are not typically aware of is that most homeowners’ insurance policies provide a type of coverage that covers medical bills regardless of fault. All that must be proven is that a person was injured on the property covered by the home or property owners’ policies. It is not necessary to prove fault on the part of the homeowner.

It is also important to state that if you are injured on a friend’s or neighbor’s property, you are not suing your neighbor and putting them in the poor house. These claims are paid by an insurance company and not the actual homeowner. However, premises liability claims must usually be made in a short time span, shorter than the two or three year statute of limitations which is normally applicable in Georgia. Because the time frame is determined from the insurance policy itself, it is important to speak with an experienced attorney who has handled similar cases.

An invitee is person who is invited to enter or remain on the premises for a commercial benefit to the possessor of premises, or for a purpose directly or indirectly connected with business dealings with the possessor. A possessor has a duty to use ordinary care to warn or otherwise protect an invitee from risks of harm from a condition on the possessor’s premises.

If you have been seriously injured on someone else’s property contact the premises liability attorneys at The Strom Law Firm, LLC for a free consultation to discuss the facts of your case and how we can help.  (912) 264-6465