Can You Sue for Premises Liability?

You may be able to sue for premises liability if you suffered an injury on someone's property. You must show that you had a right to be on the property and that the owner failed to correct and warn of the dangerous condition that caused your injury.

Get help after an injury on another’s property. Call Sheryl Burke at 404-842-7838.

The following is an overview of the criteria required to sue for premises liability.

Types of Premises Liability Cases for Which You May Sue

Some common types of dangerous conditions present on private, commercial, or public properties that cause injuries include:

  • Water on the floor could cause a slip and fall
  • An uneven sidewalk could cause a trip and fall
  • A dog bite or attack
  • A sudden stop on an elevator
  • Falling merchandise from a store shelf
  • A collapsing step on a staircase
  • A criminal attack like assault and battery

You Must Be an Invitee or Licensee in Most Cases

In most cases, you must be either a licensee or invitee on the property to sue the property owner for premises liability.

Examples of visitors who may qualify as visitors or licensees include:

  • A shopper at a store
  • A patron eating at a restaurant
  • An attendee at a sports event, a concert, or a movie
  • A customer at a bank or gas station
  • A patient at a hospital, a doctor's office, or a nursing home
  • A social visitor to a private residence
  • A visitor to an office building for a business meeting

Trespassers generally cannot sue for injuries except for under limited circumstances, such as if the property owner intentionally harmed them or if the trespasser was a child injured by an unsecured attractive nuisance, like a swimming pool.

You Must Prove the Property Owner Was Negligent

To hold the property owner liable, you must prove that the property owner knew or should have known about the hazard and took no action to repair it or warn of it in a reasonable amount of time.

For example, if you slipped and fell in a store, the owner must have known or should have known that the dangerous condition existed and took no action to clean the floor or warn of the hazard.

If somebody attacks you on someone else’s property, you must show the property owner knew there was a heightened risk of violent crimes in the area, but failed to take appropriate measures to prevent assault and battery, such as hiring a security guard. In that case, the property owner may be liable for negligent security.

Fighting Allegations You Are Comparatively Negligent

Georgia's comparative negligence rule limits the amount you may recover for your injuries if you are partially at fault for the accident.

You may recover compensation even if you were partially at fault as long as your percentage of fault was below 50 percent.

And if you were less than 50 percent at fault, your damages are reduced proportionately to your percentage of fault. For example, if you were 40 percent at fault, you may recover only 60 percent of your damages.

How might the defendant or insurance company blame you for the accident?

  • You were talking on your cell phone or otherwise distracted when you should have been paying attention to your surroundings.
  • You walked into a part of the store where customers were not permitted.

Whatever the other side’s argument, you must present evidence that establishes the property owner’s negligence and reduces your percentage of fault. Get help establishing fault and liability and fighting allegations that you are partly at fault.

Call 404-842-7838 for legal help.

Recovering Compensation for Your Injuries on Another's Property

You may be able to recover compensation for our economic and noneconomic damages, such as:

  • Medical expenses (including future medical expenses and the cost of rehabilitation).
  • Lost wages
  • Lost earning capacity (the difference in what you earned before the accident and what you can earn after the injury)
  • Pain and suffering
  • Loss of enjoyment of life
  • Loss of the ability to engage in activities you enjoyed before the accident)
  • Mental anguish

Get Help from S. Burke Law After an Injury on Another’s Property

You must file your suit timely. Georgia law requires you to file a premises liability suit within two years of your injury.

Have you suffered an injury on someone's property? Contact a premises liability attorney at the Law Offices of Sheryl L. Burke at 404-842-7838 for a free consultation.