Premises Liability Accidents
Whether you are out shopping, visiting at a neighbor’s house, or at a professional baseball game, you should expect your environment to be safe with well-lit stairs, a smooth floor without spills or damage, and free from physical assault. The right to expect this basic level of safety falls squarely on a property owner, property manager, or business owner.
Under the Premises Liability area of Personal Injury law, property owners or those responsible for a residential property, retail location, or any other type of property are required by Georgia code (O.C.G.A.§51-3-1) to exercise ordinary care for invitees to ensure premises and approaches are safe for guests, customers, and tenants that enter their property. When a property owner neglects this duty, he or she assumes responsibility for injuries that occur as a result.
Premises liability cases are very complex, as the Plaintiff must prove that a property owner or manager did something wrong in the eyes of the law. We have to identify exactly what hazard or condition caused the injury; that the injured party did not have equal knowledge of the hazardous situation; that the injured party was an “invitee” on the premises; and that the property owner knew of – or should have known of – the hazard. The general factors for proving a negligence case applies:
Duty, Breach of Duty, Damages Caused by Breach
Duty:
Proving “Duty” in this formula is relatively straight forward. A Plaintiff must demonstrate that the Defendant owned the property or was obligated to manage it, thereby establishing that there was a duty of care owed by the Defendant to provide a safe, hazard-free environment for the Plaintiff.
Breach:
To prove a “Breach” in this duty, the Plaintiff must establish that the Defendant failed to exercise “ordinary care” to ensure safe surroundings or to notify visitors, and guests of potential hazards or dangers on the property. Generally speaking, ordinary care is measured by the conduct that an individual who uses good judgment or common sense would exercise in handling practical matters in a situation. In a Premises Liability case, examples of breaching this duty could be failing to:
- safeguard a property with security cameras, barriers, fences, locks, guards or gates
- repair a hole in the concrete on a sidewalk
- tighten a loose ladder into a swimming pool or fix a hole in the fence around it
- mark areas in a lawn where digging or chemical sprays have occurred
- clean up spills on an aisle floor
- remove a violent, intoxicated customer from the premises
- properly mark property entrances and fire exits
- repair loose carpeting
- provide railings on stairways
- provide crowd-control measures
Determining what constitutes “ordinary care” allows for interpretation, so a fall or the presence of an injury itself doesn’t mean someone is automatically due a recovery, especially if the injured person was not an invitee. This is where the urgency to engage an experienced attorney comes into play – you need someone like Attorney Ron Smith who has succeeded in cases where demonstrating a Defendant’s negligence in exercising ordinary care played a crucial role.
Cause:
Showing “Cause” can be a bit tricky. This requires establishing that the property owner knew or should have known that there was potential for harm or injury for visitors or guests. In cases of Negligent Security, this might include neglecting to ramp-up security when a property is located in a historically high-crime area. In a Slip & Fall case, this could be illustrating that the property owner/manager failed to clean up an aisle spill, or cordon-off the area to warn visitors of the hazardous condition.
Damages:
Finally, the Plaintiff needs to establish that the injuries sustained and damages suffered in the attack were the result of the named Defendant’s negligence.
After an Injury
During his more than 25 years practicing law, Attorney Ron Smith has handled hundreds of injury cases resulting from property owners’ failure to protect visitors and employees, and through this experience, offers some great tips for gathering the facts, determining liability, and building a solid case.
- Seek medical attention right away. Treating your injuries and returning to good health should always be your first priority.
- Report the injury to on-duty property managers or supervisors at the time of the injury and write down their names and phone numbers.
- Call the police if the situation calls for it.
- Take photos of the property. You’ll want to document the hazardous condition that caused your injury and the surrounding areas at the time the injury occurred, while evidence is still fresh.
- Gather witness information. Write down names and phone numbers for anyone who can recount the events leading up to the injury, while it was occurring, and what happened next.
Finally, contact our office right away for a free consultation. Attorney Smith will talk through the details of your fall to evaluate your case, determine whether any immediate legal steps should be taken, and get to work on your case.
A Big Responsibility
Property owners and managers have a big responsibility, and sometimes they forget or neglect to take it seriously. This negligence can impact someone’s life and ability to function as usual. Injuries can include soft tissue injuries, joint and nerve damage, and broken bones. The worst cases can be catastrophic with burns, traumatic brain injury, damage to the spinal cord, loss of limb, paralysis, and death.
We Can Help
You deserve to be safe, and when property owners or managers don’t fulfill their duties or dedicate the time to maintain a safe environment, they need to be held accountable. Contact us as soon as possible after an injury that wasn’t your fault. The sooner you call, the faster we can get to work on preserving evidence and supporting your efforts to return to good health. We welcome your call to (770) 731-1447 or email us at MyAttorney@AttorneyRonSmith.com.
Expecting a Safe Environment
Whether you are out shopping, visiting at a neighbor’s house, or at a professional baseball game, you should expect your environment to be safe with well-lit stairs, a smooth floor without spills or damage, and free from physical assault. The right to expect this basic level of safety falls squarely on a property owner, property manager, or business owner.
Under the Premises Liability area of Personal Injury law, property owners or those responsible for a residential property, retail location, or any other type of property are required by Georgia code (O.C.G.A.§51-3-1) to exercise ordinary care for invitees to ensure premises and approaches are safe for guests, customers, and tenants that enter their property. When a property owner neglects this duty, he or she assumes responsibility for injuries that occur as a result.
Premises liability cases are very complex, as the Plaintiff must prove that a property owner or manager did something wrong in the eyes of the law. We have to identify exactly what hazard or condition caused the injury; that the injured party did not have equal knowledge of the hazardous situation; that the injured party was an “invitee” on the premises; and that the property owner knew of – or should have known of – the hazard. The general factors for proving a negligence case applies:
Duty, Breach of Duty, Damages Caused by Breach
Duty:
Proving “Duty” in this formula is relatively straight forward. A Plaintiff must demonstrate that the Defendant owned the property or was obligated to manage it, thereby establishing that there was a duty of care owed by the Defendant to provide a safe, hazard-free environment for the Plaintiff.
Breach:
To prove a “Breach” in this duty, the Plaintiff must establish that the Defendant failed to exercise “ordinary care” to ensure safe surroundings or to notify visitors, and guests of potential hazards or dangers on the property. Generally speaking, ordinary care is measured by the conduct that an individual who uses good judgment or common sense would exercise in handling practical matters in a situation. In a Premises Liability case, examples of breaching this duty could be failing to:
- safeguard a property with security cameras, barriers, fences, locks, guards or gates
- repair a hole in the concrete on a sidewalk
- tighten a loose ladder into a swimming pool or fix a hole in the fence around it
- mark areas in a lawn where digging or chemical sprays have occurred
- clean up spills on an aisle floor
- remove a violent, intoxicated customer from the premises
- properly mark property entrances and fire exits
- repair loose carpeting
- provide railings on stairways
- provide crowd-control measures
Determining what constitutes “ordinary care” allows for interpretation, so a fall or the presence of an injury itself doesn’t mean someone is automatically due a recovery, especially if the injured person was not an invitee. This is where the urgency to engage an experienced attorney comes into play – you need someone like Attorney Ron Smith who has succeeded in cases where demonstrating a Defendant’s negligence in exercising ordinary care played a crucial role.
Cause:
Showing “Cause” can be a bit tricky. This requires establishing that the property owner knew or should have known that there was potential for harm or injury for visitors or guests. In cases of Negligent Security, this might include neglecting to ramp-up security when a property is located in a historically high-crime area. In a Slip & Fall case, this could be illustrating that the property owner/manager failed to clean up an aisle spill, or cordon-off the area to warn visitors of the hazardous condition.
Damages:
Finally, the Plaintiff needs to establish that the injuries sustained and damages suffered in the attack were the result of the named Defendant’s negligence.
After an Injury
During his more than 25 years practicing law, Attorney Ron Smith has handled hundreds of injury cases resulting from property owners’ failure to protect visitors and employees, and through this experience, offers some great tips for gathering the facts, determining liability, and building a solid case.
- Seek medical attention right away. Treating your injuries and returning to good health should always be your first priority.
- Report the injury to on-duty property managers or supervisors at the time of the injury and write down their names and phone numbers.
- Call the police if the situation calls for it.
- Take photos of the property. You’ll want to document the hazardous condition that caused your injury and the surrounding areas at the time the injury occurred, while evidence is still fresh.
- Gather witness information. Write down names and phone numbers for anyone who can recount the events leading up to the injury, while it was occurring, and what happened next.
Finally, contact our office right away for a free consultation. Attorney Smith will talk through the details of your fall to evaluate your case, determine whether any immediate legal steps should be taken, and get to work on your case.
A Big Responsibility
Property owners and managers have a big responsibility, and sometimes they forget or neglect to take it seriously. This negligence can impact someone’s life and ability to function as usual. Injuries can include soft tissue injuries, joint and nerve damage, and broken bones. The worst cases can be catastrophic with burns, traumatic brain injury, damage to the spinal cord, loss of limb, paralysis, and death.
We Can Help
You deserve to be safe, and when property owners or managers don’t fulfill their duties or dedicate the time to maintain a safe environment, they need to be held accountable. Contact us as soon as possible after an injury that wasn’t your fault. The sooner you call, the faster we can get to work on preserving evidence and supporting your efforts to return to good health. We welcome your call to (770) 731-1447 or email us at MyAttorney@AttorneyRonSmith.com.