Premises liability refers to the area of law that provides information when someone gets hurt while they were on property owned by another person or business entity. In Riverdale, a person may bring a claim of this type against a landowner, homeowner, retailer, business franchise, property manager, or government entity, depending on the case. The plaintiff in these situations generally is alleging that the person or entity in control of the property negligently failed to maintain their premises and keep it free of any hazardous conditions, and as a result, the claimant got hurt.
A Riverdale premises liability lawyer could help you if you suffered injuries on another person’s property. Depending on your case, you may have legal rights and a claim for damages that you can assert in court. With the help of a dedicated personal injury attorney, you may be able to understand your situation better and learn how to proceed to achieve a favorable resolution.
To establish a case against a property owner, a plaintiff generally must prove that the defendant’s negligence caused their injury. A Riverdale premises liability lawyer could establish negligence by demonstrating:
In a premises liability law, a property owner has a legal obligation to maintain their property so that it does not contain any hazards. Therefore, for example, if someone trips on a staircase and breaks their arm, then the property owner may be liable because they did not take any action to fix this dangerous condition.
Typically, the threshold issue in any premises liability case is whether the defendant owed a duty to keep their property reasonably safe at the time the plaintiff was injured. The answer depends on whether the plaintiff was an invitee, licensee, or trespasser when the accident occurred.
Under Official Code of Georgia Annotated §51-3-1, an invitee is someone who is expressly or impliedly invited onto another person’s property for any lawful purpose. The defendant may be liable for any failure to exercise ordinary care to keep the premises safe. A Riverdale lawyer could build a premises liability case that shows that the plaintiff had this status when the incident occurred.
O.C.G.A. §51-3-2 defines a licensee as a person who:
This category of a visitor is somewhat more difficult to define than an invitee, but they are still are owed a duty by the defendant. The owner of the premises may be liable to a licensee for a willful or wanton injury.
A trespasser is owed the least duty of care. A landowner must only refrain from willfully causing a trespasser injury. After establishing whether a claimant was an invitee, licensee, or trespasser at the time of the accident, the plaintiff still must show that the defendant breached their duty.
If you suffered injuries in an accident that took place on another person’s property, you should consult with a Riverdale premises liability lawyer. After discussing the details of your case, a local attorney could become your legal advocate. Depending on your situation, this legal ally may be ready to begin building a lawsuit on your behalf. So, reach out today and see what may be possible.