Stockbridge Premises Liability Lawyer
As a customer, patient, ticketholder, or casual visitor, you rightfully anticipate the property you are on will be safe. Safe conditions require the careful attention and preventative actions of property owners, landlords, and property caretakers.
As a seasoned Stockbridge premises liability lawyer could confirm, many do not take this responsibility seriously, leading to serious injuries. An established personal injury attorney who understands the complexities of Georgia state law could work to show a civil court how and why you should be compensated for your injuries.
Premises Liability Laws Applicable to Stockbridge
The liability of property owners for injuries that occur on their property varies depending on the circumstances that brought the injured person onto that property. As an example, an invitee is someone who was invited and welcomed by the property owner, typically a visitor, a tenant, or a contractor. According to the Official Code of Georgia §51-3-1, a property owner or occupier would be liable for an invitee’s damages arising from injuries caused by their failure to take ordinary care to keep their property safe.
A licensee does not have a contract with the owner of the property but is permitted on the premises for their own interests. If the injured party is a licensee, the property owner is only liable if they were injured by willful or wanton acts.
The same standard that applies to a licensee applies if the injured party is a trespasser who is on the property illegally. With the knowledge and experience of a premises liability lawyer in Stockbridge, injured plaintiffs could more effectively work to recover damages under premises liability laws.
Essential Elements of Premises Liability Cases
Most civil lawsuits are based around the concept of negligence. A plaintiff’s Stockbridge premises liability attorney typically must be able to prove four key elements of legal negligence to achieve a positive resolution to a civil injury case.
The Existence of a Duty of Care
Property owners inherently have a duty of care to keep those on their property safe. If there are unsafe conditions or the potential for unsafe conditions, these owners are responsible for fixing or at least warning visitors of those conditions. They should conform to this standard of conduct of reasonable care at all times.
A Breach of Duty
If a property owner or landlord fails to adhere to this standard, they may have breached their duty of care. However, as noted below, this is just one element of legal negligence—the existence of a breach of duty is not grounds for a lawsuit in and of itself.
Proximate Cause
For a lawsuit to have merit, the plaintiff must have suffered an injury caused by the breach of duty. More specifically, the plaintiff must be able to show based on a preponderance of the evidence that their injuries were a direct result of the action or inaction of the property owner or landlord. A skilled attorney could help injured individuals build their injury claim by gathering the necessary evidence.
Damages
The plaintiff must be able to prove that they suffered compensable damages as a result of their injury. While scrapes, bruises, and other minor injuries are not likely to give rise to significant damages, any injury that requires medical treatment could serve as grounds for a civil claim. Examples of damages a premise liability case plaintiff could potentially recover for include:
- Medical bills
- Disfigurement
- Pain and suffering
- Lost wages
- Property damage
Consult with a Stockbridge Premises Liability Attorney
As an injured person, you have legal rights and options under Georgia law. However, these rights and options may be limited by time and other legal constraints. Reach out to a reliable Stockbridge premises liability lawyer and schedule an appointment today to get started on your case and see what you could recover through it.
