A property owner in Atlanta or anywhere in Georgia has certain duties when inviting a member of the public onto his or her land, building, or property. One of the primary duties is to keep the place safe. This is a mainstay in our system of justice, and is meant to obligate property owners to maintain and keep their property in safe condition for those who enter. If you have been injured on someone else’s property, reach out to an Atlanta premises liability lawyer right away.
While property owners have a duty to keep their premises safe, it is not absolute. There are rules, regulations, and court opinions that go into what a property owner must do to ensure his or her property is safe enough for the members of the public invited onto it. These general rules are what come into dispute when a person is hurt on another’s property and seeks to be compensated for those injuries.
Georgia Court Explains Property Liability
A Georgia court of appeals recently explained many of the rules that regulate when a property owner can be held liable for the injuries guests sustain on his or her property. That case, Donastrong v. Rainbow USA, Inc., asked the question of when a place of business can be held liable for an injury caused by a hazard on the property. The victim in this case lost at trial, but took her case to the Court of Appeals, Third Division, where the loss was reversed. An experienced personal injury attorney serving Atlanta can help you navigate complicated personal injury cases like this one.
The hazard involved in this case was a loose clothing security pin which was on the floor of the store. While shopping, the victim stepped on the pin, and according to court papers, sustained permanent nerve and muscle damage. These facts were not disputed at trial. What was at dispute was whether the store was at fault for the injury.
The general rule imposed on all Georgia property owners, including public stores is that an owner must exercise ordinary care in keeping the property safe. This does not mean that a property owner has to inspect the premises every second to ensure there is no spill, sharp item, or other hazard present that could cause injury. He or she does have to exercise ordinary care, and that is a question, typically, for a jury to answer. If you find yourself involved in a suit like this one, contact a premises liability attorney serving Atlanta for help.
Property Hazards Causing Injury in and Around Atlanta
This rule remains the same whether in Atlanta, Georgia, or elsewhere in the state. There are two different ways to show that a property owner should be held liable for a hazard on his or her property. It can be shown that the property owner or one of his or her agents had actual knowledge of the hazard, and did not do anything about it. Or, it can be shown that the owner had constructive knowledge about the hazard, and did not do anything about it.
In most cases, a good Atlanta premises liability lawyer can help the jury, judge, and opposing side understand why the property owner should be held liable for any injury sustained on another’s property. In fact, most cases will come down to the facts of what happened and what kind of premises liability lawyers are involved, and in Atlanta there a many from which to choose. Your case deserves the best.
At The Angell Law Firm, we focus our practice on helping those injured in accidents, whether on another’s property, in a car, or elsewhere, recover from their injuries. It is only fair that the party at fault pay for that negligence, and that is what we seek to enforce. If you have recently been injured on another’s property, contact us today. We look forward to showing you how we can help.
(image courtesy of Hannah Morgan)