The area of law known as “premises liability” involves situations where someone has been injured or killed while they were on or near property owned or controlled by another person or business. In Georgia and most other states, premises liability lawsuits can be brought against a homeowner, landlord, retailer, business franchise, property manager or government entity which negligently failed to keep its premises reasonably safe for use by a tenant, customer, patron or other invitee.
Georgia Premises Liability LawMany things can make a home, business establishment or parcel of land potentially unsafe for persons who visit such premises. Dangerous conditions can arise because of poor maintenance or disrepair, building code violations, slippery floors due to uncleaned spills, cracked or uneven sidewalks, unmarked steps, broken stairs or handrails, falling merchandise, contaminated pool water, mis-leveled elevators, unsafe escalators, malfunctioning smoke alarms, deficient fire safety, inadequate security, or unmarked hazardous areas. Under Georgia premises liability law, accident victims can hold the owner or occupier of property liable for negligently causing or negligently failing to repair, correct or warn about these and other unsafe conditions which lead to personal injury or wrongful death. Dog bite victims can also pursue premises liability claims against the dog owner for negligently failing to leash, confine or control their animal.
Atlanta Trial Lawyers Experienced in Pursuing Premises Liability Lawsuits Throughout GeorgiaPremises liability is a focus area for Ragland Law Firm, LLC and its Atlanta-based attorneys have represented many accident victims who were injured because of unsafe conditions in or around a residential home, apartment complex, hotel, restaurant, theatre, sports stadium, airport, supermarket, shopping mall, hospital, office building and other commercial locations. They are experienced and able to handle many different types of premises liability cases including ones involving a slip and fall, dog bite, deck collapse, escalator entrapment, fatal fire, recreational water illness, swimming pool drowning, or criminal assault due to inadequate security. The Atlanta trial lawyers at Ragland Law Firm, LLC are able to pursue these and other types of premises liability cases in all counties of metro Atlanta and in other parts of Georgia including Douglasville, Carrollton, Canton, Rome, Gainesville, Athens, Stockbridge, Peachtree City, Griffin, Newnan, Columbus, and Macon, Georgia.
Georgia Law and the Duty to Make Premises Safe for InviteesGeorgia law requires that homeowners and commercial entities exercise reasonable care to keep their property reasonably safe for any “invitee” while they are approaching, exiting or present on the premises. This duty to keep premises safe for invitees is codified in a Georgia statute, O.C.G.A. § 51-3-1, which states as follows:
“Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”
It is important to emphasize that this statutory obligation extends only to persons deemed to be invitees. A lesser duty is owed to persons whose status is that of a “licensee” or “trespasser.” For purposes of a premises liability claim, the legal definition of “invitee” includes anyone who lawfully uses or comes on the premises at the express or implied invitation of the person or entity which owns and/or occupies the property or business. To illustrate, during the term of their lease, a tenant would be an invitee of the apartment, condominium or office building where they live or work. Any patron of a retail store, gas station, bank, restaurant or theatre would be an invitee of these businesses. Ticket holders at a concert or sporting event would be invitees of the auditorium or stadium. Patients are considered invitees of the hospitals, clinics or nursing homes where they are admitted or seek medical care. Students are the invitees of the schools and universities they attend. And, passengers are invitees of the airline, subway or bus service they are using, as well as the airport or MARTA station from which they depart or arrive. As these examples show, an invitee has two characteristics. One, he or she lawfully enters or attempts to enter a commercial location with express or implied permission and two, there is some element of mutual gain or benefit between the invitee and owner / occupier of the property.
The duty to keep premises safe is not limited to just the construction and maintenance of buildings or other physical structures located on the property. The duty of reasonable care also includes all “approaches” to the premises. Thus, an owner/occupier is obligated to keep outside ramps and stairs, driveways, sidewalks, curbing and parking lots in good repair and reasonably safe. Likewise, any lawns, landscaping or undeveloped areas of the property must also be kept in a safe condition. In addition, Georgia courts have repeatedly held that the duty to make a premises safe may also include the obligation to provide adequate security and required fire protection. In certain circumstances, invitees may be able to hold the owner / occupier liable when they are the victim of criminal acts due to inadequate security, or they are the victim of fire due to inadequate fire safety.
“Premises Liability” Encompasses Many Different Types of CasesThere are many ways in which a premises can be hazardous and result in someone’s personal injury or wrongful death. Some of the most common types of premises liability cases include the following:
We have the experience and expertise to handle any type of premises liability case in Atlanta and all parts of Georgia. Contact us if you or a member of your family has suffered a slip and fall, been attacked or bitten by a vicious dog, injured by a malfunctioning elevator or escalator, hit by falling retail merchandise, or been the victim of any type of accident while patronizing a business. Because we offer contingent fee arrangements, there is no charge for consulting with a personal injury attorney about your premises liability case. Ragland Law Firm, LLC is located in Dunwoody, Georgia near Perimeter Mall so our office is especially convenient for persons residing in Sandy Springs, Roswell, Cumming, Smyrna, Duluth, Johns Creek, Tucker and Decatur, Georgia.