Articles Tagged with premises liability

sebastian-pociecha-393843-copy-300x169A Georgia court of appeals recently reversed judgment in a slip and fall case in which a woman was badly injured at a church. The case is an example of why letting a case continue to a jury for a true judgment is risky, particularly when reasonable minds can disagree about the issue of liability. It is also an important lesson for property owners who invite the public to visit, and the responsibilities that entails. If you have questions regarding an injury you incurred on someone else’s property, reach out to an Atlanta premises liability lawyer today.

This case began in July of 2015 when a woman was leaving the funeral services for her mother. As if that event was not enough for her to deal with on that day, as she was leaving the church where the services were held, she was seriously injured after falling on the stairs. As a result she broke her leg, and sustained other serious injuries, as well.

The Evidence in This Case

nathan-dumlao-360833-copy-200x300An informative case was recently decided by the Georgia Court of Appeals regarding personal injuries and which statute of limitations applies in different situations. It was informative because of the several different people involved, and the question of whether the court should have applied a personal injury statute of limitations, or a premises liability statute of limitations. These nuanced distinctions can get tricky, so if you find yourself considering filing a personal injury lawsuit, contact an Atlanta personal injury lawyer for assistance today.

Many people understand the concept of statutes of limitations in the context of criminal law. This is largely due to news reports and the sensationalization of crimes that criminal get away with based on this legal technicality. Statutes of limitations apply in almost every area of the law, however, in both criminal and civil cases.

Civil Statutes of Limitations

clark-young-143622-copy-300x200What happens when a person slips and falls at a business, and gets injured as a result? That is a question that has to be answered far too often for those who patronize the businesses in and around the Atlanta area. For those who are injured by slipping and falling at a place of business, or other place where they were invited, there is an answer. Georgia law protects the rights of those injured, that is why contacting a great Atlanta premises liability lawyer to enforce those rights in in your best interest.

The area of the law that protects those injured after slipping and falling is part of the wider body of law known as personal injury, or tort law. The basic premise of all tort law is that all of us (including property owners) are under an obligation to act reasonably so as to prevent others from being injured because of our negligence. This duty to act in a prudent and reasonable manner extends to property owners via premises liability laws.

Property Owner’s Duty

hannah-morgan-39891-copy-300x200A 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

If your child is on another person’s property with permission, then they are by Georgia law called an “invitee.” This means that the owner of the property the child is on has a duty to ensure safety from any foreseeable harm. In turn, this means that if a property owner can foresee a dangerous situation, then reasonable preventative steps need to be taken to ensure that the children are safe. Dangerous situations include swimming pools, chemicals, access to high traffic areas, access to medicine, and high crime areas. Remember, even if a child was trespassing, you as an owner can be held liable under the “attractive nuisance” law.

You may have a premises liability case or attractive nuisance law case if your child was injured or killed on someone else’s property. Contact one of our premises liability attorneys for a free consultation to see if you are eligible for compensation.

Property owners are required to protect children from hidden dangers because children cannot foresee or avoid dangers. Therefore, proper safeguards need to be taken to ensure their safety and protect them from all dangers. This includes locking cabinets, plugging outlets, putting sharp objects out of reach, locking doors and gates, and having someone at the house while children play.