In Georgia, if someone is hurt while on someone else’s property, the owner, resident, or tenant in charge of maintaining the property may be held liable. However, the harm and damages must result from careless upkeep, such as spills on the floor, loose carpeting, falling bookcases, or downed trees. The landlord may maintain an apartment building’s common areas, such as the hallways and stairwells, but the renter may be in charge of their specific unit. Business invitees, licensees, and trespassers are the three visitor categories that Georgian law distinguishes, each of which is entitled to a particular standard of care from the owner or occupant of the property.
Have you been injured while on another’s property in Georgia? Contact Ali Awad, ‘the CEO Lawyer,’ and his team of experienced personal injury attorneys at the CEO Lawyer Personal Injury Law Firm by calling (470) 323-8779 or contacting us online to receive your free and confidential case evaluation. Attorney Ali Awad, ‘the CEO Lawyer,’ established the CEO Lawyer Personal Injury Law Firm and quickly turned it into one of the fastest-growing law firms in the country. If we take your case, you won’t pay anything until we win.
Why Do I Need a Premises Liability Lawyer?
You may be able to bring a premises liability case in Georgia if you were hurt on someone else’s property due to their negligence. An experienced Georgia premises liability lawyer can assist you in determining whether or not you have a strong claim.
It’s crucial to remember that each state has its own rules regarding premises liability. As a result, Georgia may not recognize a specific premises liability statute that is in force in another state. Because of this, it’s critical that you understand the particular Georgia premises liability rules that are relevant to your claim.
First, a property owner or occupier is required by Georgia law to use “ordinary care” to maintain their home secure for guests. The duty to exercise “ordinary care” is contingent on the kind of guest in question, however.
In Georgia, property owners have a duty to treat visitors with the utmost care. A property owner is required by law to be aware of any risks on their land, take reasonable steps to remove them, and notify visitors of any potential dangers.
Licensees and Business Guests
People who are explicitly or tacitly welcomed to the property for a commercial reason that benefits both the guest and the owner/occupier are known as business invitees. The simplest and most straightforward illustration is someone who enters a store to look at or purchase goods. The visitor’s presence is advantageous to both the store and the customer.
On the other hand, a licensee is a visitor who has been specifically or implicitly invited for social events. It’s a little trickier to ascertain the visitor’s status if their visit is partially related to business. For instance, if you didn’t place a sign prohibiting solicitation on your property, a person who comes to sell you publications you don’t want may be a licensee. However, since their goal isn’t beneficial to you, they are probably not a business invitee.
It’s likely that a consumer who slips over a broom while looking for a restroom in an area designated for employees only is an invitee rather than a licensee when they enter a business and leave the designated area. A licensee is also someone who enters a location purely to view an employee and not transact business. This matters because a business invitee requires more consideration from the property owner or occupier than a social guest does. The owner or occupier is required to frequently inspect the premises and keep an eye out for hazardous conditions, such as slick flooring, while there is an invitee. With licensees, the owner or occupant is merely required to rectify the problem or inform the visitor of any potential risks. The owner might not be liable if they are unaware that there is water on the restroom floor and a visitor slips and is hurt. However, the property manager has a responsibility to check the restroom to ensure it is still safe if business invitees are known to use it.
The business relations test is used by Georgian courts to evaluate whether a visitor is an invitee or a licensee. The guest is a business invitee if they have ongoing business ties with the owner or occupant of the property that benefit both parties. Otherwise, the guest is a licensee.
Trespassers
Trespassers are people who enter a property without permission. They may do this knowingly or unknowingly, with malicious intent or good intentions. In any event, the owner or occupant is merely obligated to refrain from intentionally or recklessly hurting them.
However, things are different if the intruder is a child. The legal concept of attractive nuisance has been created by the courts for juvenile trespassers. A human-made object that could be tempting to kids and endanger them is referred to as an “attractive nuisance.” If a property owner or occupant has an attractive nuisance, such as a swimming pool or a potentially hazardous piece of equipment, and knows that kids may enter the property, they are compelled to use fences, locked gates, or other security measures to keep the kids away from the nuisance.
Use for Recreation
A recreational use regulation in Georgia, known as the Recreational Property Act, shields property owners from various types of liability if they make their space freely open to the general public for enjoyment. If the goal of granting access to the public is to draw customers to a nearby establishment run by the same person or company, the exception to responsibility won’t apply.
Statute of Limitations
You have two years under Georgia law to submit a premises liability claim. The right to submit a claim typically accrues on the date of the accident in premises liability lawsuits and other personal injury cases. You may forfeit your right to compensation if you do not file a premises liability claim within two years of the date of your accident.
CEO Lawyer Personal Injury Law Firm Premises Liability Attorney in Georgia
Call Ali Awad, ‘the CEO Lawyer,’ and his experienced team of personal premises liability attorneys today to receive a free, no-obligation consultation. We can assist you with exploring your legal options and avenues to ensure that you receive the compensation you deserve. Contact the CEO Lawyer Personal Injury Law Firm by calling (470) 323-8779 or contacting us online. If we take your case, you won’t pay anything until we win.
