You have the right to be safe when you visit another person’s property. You might be eligible to file a lawsuit with a qualified personal injury attorney when the property owner was negligent in causing your harm. A College Park premises liability lawyer can help you build your potential case.
Evidence in a Premises Liability Lawsuit
Most property owners in Georgia are required to keep up their property with reasonable care to avoid causing injuries to others. The owner of the property may be responsible for any incident, but so can the caretaker, tenant, or other occupier of the property. Determining who is responsible can be complicated and is best left in the hands of a competent attorney.
In order to demonstrate that the plaintiff is entitled to relief under the law, a premises liability attorney in College Park is required to prove that:
- The property had a dangerous hazard
- The property owner knew of the danger or should have known of it if they had exercised reasonable care
- The responsible party did not fix or remove the hazardous condition, or warn others of its presence
- The hazard is what caused the plaintiff’s injuries
Understanding these legal concepts may be difficult without competent legal counsel.
Duties of Care Based on Visitor’s Legal Status
The legal status that the plaintiff had at the time of the accident is a critical element of proving any potential claim. The duty owed to the plaintiff will differ based upon their legal status when the injury occurred.
If the owner of the property invites a person, they are considered an invitee. This invitation can be expressed or it can be implied by the situation. This is common for those who visit a business or public space. Invitees are afforded a strong duty of care. Owners are generally required to keep the property safe for invitees but also warn of known dangers. They may also be required to reasonably inspect the premises to ensure the property is safe for visitors.
Under state law, a licensee is someone who:
- Is not a customer or trespasser
- Does not have any contractual relationship with the property owner
- Is allowed on the property, but for their own personal gain, rather than the owner’s
This usually applies to social guests, and requires only that the property owner does not willfully or carelessly cause injury. If a plaintiff is unsure of whether or not they qualify as a licensee, a College Park lawyer could inform them of how premises liability affects their case.
Pursue a Claim with a College Park Premises Liability Attorney
We may be able to assist you with building a legal claim regarding a property-related injury. Contact our College Park premises liability lawyer to get started with your potential claim.