- Private parties and business owners must always take proper precautions to ensure their property is safe for anyone who enters the premises.
- If you were injured on someone’s property, the owner may be held liable for damages if it can be proven that they were negligent, or failed to use reasonable care, in keeping the premises safe.
- Common accidents that result in premises liability claims against business owners or occupiers include slip-and-falls, physical and sexual assaults, theme park injuries, falling merchandise, swimming pool hazards, and mechanical device malfunctions.
- Private property owners may also be liable for trampoline, swimming pool, and slip-and-fall accidents that result in injuries.
What Is Premise Liability?
Premises liability relates to personal injury cases where someone was injured due to unsafe conditions on a private or business owner’s property.
To win a premises liability case in Georgia, you must prove the property owner or occupier was negligent, or failed to use reasonable care, in keeping the approaches and premises safe.
Common Accidents That Result in Premises Liability Cases
The most frequent premises liability claims in Georgia are slip-and-fall accidents. These accidents are typically caused by hazardous walkways due to poor lighting, uneven walking surfaces, trip hazards, spills, and other safety issues. Slip-and-falls frequently occur in retail stores, public venues, and private residences.
Physical and Sexual Assaults
All property owners and occupiers are expected to maintain and keep all areas of their property safe for visitors. This means lighting fixtures should be operational and security measures should be in place to prevent criminal activity, including physical and sexual assaults, from happening. Assaults that occur due to unsafe conditions on properties, such as mall parking lots, apartment stairwells, and dimly-lit areas, may be subject to premises liability laws.
Theme Park Injuries
Because theme parks are typically home to roller coasters and other mechanical adventure experiences, accidents can be extremely likely. Therefore, theme-park proprietors are required to take special precautions to ensure patrons are safe from harm. If it can be proven that the theme park failed to properly care for the property, rides, or other areas within the property, there could be a liability issue.
Retail and big-box stores often keep merchandise on high shelves above the aisles and shoppers. If items are not adequately secured above, they can fall and seriously injure unsuspecting victims. Stores should also display proper signage to direct shoppers to avoid climbing or reaching for these stored items without the help of an employee.
Swimming Pool Hazards
Both public and private swimming pools can be a significant liability to property owners. Swimming pool owners must take extra precautions to avoid accidents from occurring within their pool or the surrounding area. Necessary precautions might include having proper fencing, locked gates, and warning signs presents. The following are common accidents that occur in pool areas:
- Drownings or near-drownings
- Underwater entrapments
- Diving accidents
- Water slides injuries
- Slips and falls
- Electrical defects
Municipal pools are also subject to liability if there is negligence in assuring public safety or providing security for invitees.
Trampolines are considered “attractive nuisances” because they are a draw for children and teens who want to use trampolines for fun. If an owner does not take the proper precautions to prevent unsolicited or unsafe usage of their trampoline, then they may face a premises liability case.
Trampoline injuries can range from sprained ankles and broken bones to neck injuries and even death. Property owners must take proper precautions to ensure people cannot gain access to their trampolines or that invited guests are following safety rules.
Revolving Doors, Elevators, and Escalators
Mechanical devices, including escalators, automatic doors, revolving doors, and escalators, are often the cause of accidents. Machinery that is not properly maintained or repaired may cause serious malfunctions that lead to injuries, such as head and facial trauma, bone fractures, or life-threatening bodily harm. If a property owner or occupier knew there was a problem with the device but neglected to take steps to make it safe for use, they may be held liable for injuries.
Lawyers Take on Premise Liability Claims
A premises liability claim can be challenging to win because proving negligence is essential. Those who are unfamiliar with the ins and outs of Georgia law may not know how to demonstrate a property owner did not take the proper care in keeping the area safe. An experienced personal injury lawyer can help you connect the dots and determine whether the property owner or occupier may be held liable.
At The Millar Law Firm, we have decades of experience pursuing premises liability claims for our clients. We are experts in discovering all the ways negligence can manifest and cause harm to unsuspecting visitors. We work tirelessly for our clients to ensure they receive full and fair compensation for their injuries and harm.
Allow our legal team to evaluate your claim and outline the best way for you to proceed. The evaluation is free of charge and provides you with the information you’ll need to launch a successful claim. Call us today: 770-400-0000