What Is Premises Liability?

Premises liability is part of Georgia’s tort law that holds property owners responsible for injury. Premises liability provides layers of protections for victims involved in personal injury cases. Specifically, premises liability outlines a property owner’s responsibilities when guests are on their premises.

Georgia’s Premise Liability Statute

Georgia’s Premise Liability statute holds property owners liable if guests suffer injuries on their property.

The statute states: “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.”

If you or someone you care about suffered an injury on someone else’s property, we encourage you to call S. Burke Law. Our firm has dedicated itself to representing the citizens of Atlanta in personal injury cases. We offer free consultations in which we examine the details of your case and offer honest advice. Call us at 404-842-7838 for your free consultation.

Duty of Care in Premises Liability Claims

Duty of care is a key component of Georgia’s premises liability laws. A duty of care outlines the legal basis for negligence in premises liability cases. The duty of care requires property owners to maintain safe conditions on their property to the best of their ability. And it also requires them to notify guests of any potential hazards on the premises.

Like most personal injury cases, premises liability claims require proving negligence. If you brought your case to S. Burke Law, we would attempt to prove the following to prove the property owner’s negligence:

  • We would establish that the property knew of the present hazard. If they did not know about the hazard, we would prove it was still the property owner’s responsibility to be aware of hazard.
  • We would establish that the property owner’s negligence is the reason your accident occurred.
  • We would establish that the property owner did not notify guests of the present danger or hazard.
  • We would establish a direct connection between the hazardous condition present and your injury.

While establishing the above points aids in ultimately winning your premises liability claim, it is not the only consideration. One thing to consider as we evaluate premises liability cases is why someone was on the property. Because while duty of care requires property owners to maintain safe conditions, this duty does not apply to everyone.

Types of Visitors on a Property

Visitors use a property for a variety of reasons. And the reason you are on a property factors heavily into premises liability and a property owner’s duties to ensure your care. Georgia’s premises liability laws account for this, and the following are the types of people who may be on a property at any time:

  • Invitees
  • Licensees
  • Trespassers

Invitees in Premises Liability Cases

Like the name suggests, invitees are guests invited to a property by the owner. If, for example, your accident occurred at a business, invitees would be the people there to purchase products from the proprietor. Because invitees are on the property to use the facilities at the invite of the property owners, property owners owe invitees a duty of care.

Licensees in Premises Liability Cases

Licensees are also welcome on the property. But they differ from invitees in how and why they are there. Licensees use the property but do not provide any financial benefits to property owners. An example of this would if you were at a mall window shopping rather than doing any shopping. Though licensees are welcome on the property, they are not necessarily on the property. So, the standard duty of care is lower for licensees than invitees. Georgia requires property owners must be wantonly negligent to be liable for a licensee’s accident.

Trespassers in Premises Liability Cases

Trespassers are people not invited to a property. Because they are not welcome on the property, property owners do not owe a duty of care to trespassers.

The only case in which property owners do hold liability is if there is an attractive nuisance on the property. Attractive nuisances are places like playgrounds and swimming pools which attract children who do not understand the dangers of trespassing.

Call an Atlanta Premises Liability Lawyer

No one expects to suffer an injury while going through their usual day-to-day routine. But unfortunately, it happens more often than we think. That is why our firm takes on the task of representing Atlanta’s personal injury victims. If you or someone you care about suffered an injury recently, we encourage you to call S. Burke Law. Our free consultations are an ideal opportunity for you to gather the information you need before filing a claim. Call us at 404-842-7838 for your free consultation.