Under Georgia law, injuries that occur to a person who is on the premises or land of another can be compensated under certain circumstances. Such injuries often occur as a result of a slip and fall or trip and fall. Those types of accidents can happen because of improper lighting, dangerous walkway surfaces, walkways and stairs not built to building code. Businesses and landowners may be liable for these kinds of injuries, especially when the business or landowner has superior knowledge of the danger over and above the knowledge of the injured person.
The duty imposed on a landowner or business depends on the legal status of the person who is on the land. Under Georgia law there are three categories of visitors: invitees, licensees and trespassers.
An invitee is a person who was, in layman’s terms, invited on the premises by the owner with the implication that the invitation is of benefit to the owner. A person shopping is an invitee of the business owner. The business or landowner has the legal duty to make reasonable efforts to inspect the property and fix or warn or dangers.
A licensee is a person who is tolerated but not invited for a business purpose. Social guests often qualify as licensees. The landowner or business operator may only be liable to a licensee for willful injury or for a failure to warn of known dangers.
Land and business owners have the least legal duty to trespassers. However, in certain circumstances which are deemed an “attractive nuisance” (like a swimming pool) the owner must take steps to prevent trespassers from being injured by conditions on the land.
At Link & Smith, P.C. our attorneys have decades of experience with slip and fall cases, trip and falls, swimming pool drownings, and many other types of injuries which occur as a result of being on the premises of another. It is our philosophy to build the strongest case possible for our clients. We have the resources to properly document the incident scene with still pictures and video, and make strident efforts to document the incident through witness interviews and expert opinions.
We are happy to discuss a potential premises liability case with you in person or on the telephone. Please call us at 888-315-8840 for your no obligation free consultation.
