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Premises Liability

Premises liability claims are those resulting from an injury occurring on (or in some cases, near) someone else's property. Although occasionally these claims can arise in the context of a visit to a person's personal home or property, most of the cases we handle occur on commercial properties.

Slip and fall/trip and fall premises liability cases

One type of premises liability case generally involves a hazardous structural or physical condition on the property – such as defective construction or a foreign substance – causing a fall or other injury (these are sometimes referred to as “slip-and-fall” or “trip-and-fall” cases). Broadly speaking, if a property owner or occupier has knowledge of the hazard and the victim does not, then the victim may be able to recover due to the owner or occupier's failure to keep the property safe. Where the person responsible for the property doesn't have actual knowledge of the hazardous or dangerous condition but, because of the cause (such as a leaking roof that the owner knew was prone to leaking) or the time the hazard has been present, should have known of the condition, it may be deemed to have what is legally called “constructive knowledge” and may still be liable. Besides cases involving falls, similar premises liability claims may arise where other hazardous conditions are present on someone's property, such as falling objects or hidden dangers that pose a risk of harm to innocent visitors.

Negligent security premises liability cases

Another type of premises liability case involves claims against a property owner for failing to provide proper security on the property, leading to a violent attack on the victim. These claims may be supported by evidence of the owner or occupier's failure to keep doors, gates, or windows in good repair, as well as the failure to provide adequate security guards or other personnel on the property to deter crime. This is particularly important in high-crime areas. Even in such areas, commercial property owners who allow others to come onto their property have a duty to take reasonable steps to protect patrons from injuries.

Georgia premises liability cases and damages

These sorts of cases may result in very serious, and sometimes permanent injuries, including death. We have handled premises liability cases resulting in fractured backs, vertebral disc herniations, concussions and other serious head injuries, and various joint and muscle injuries requiring extensive medical treatment and recovery. Because insurers or property owners sometimes refuse to take these claims seriously, however, or attempt to place the blame on the victim, premises liability claims very often need to be litigated through trial.

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