Are property owners always completely liable for injuries?

| Oct 16, 2020 | Firm News |

You, like most Georgia residents, want to go about your day as easily as possible. You likely have work to finish, errands to run and other obligations to address, and at the end of the day, you just want to relax. Unfortunately, someone else’s negligence may have resulted in your busy day taking a turn for the worse.

Maybe you were at a local store picking up groceries, or maybe you were a visitor on someone’s personal property. In either case, you found yourself suffering injuries after slipping or tripping on the premises. Now, you have to contend with medical treatment, medical bills, time missed from work and many other difficulties. Can you seek compensation?

Is the property owner liable?

In cases of slip-and-fall or trip-and-fall accidents, injured parties often have the ability to take legal action against the property owner or operator. This can happen because owners and operators have a duty to ensure that their premises are safe for patrons and other visitors. If you want to determine whether the property owner could hold liability for your injuries, you may want to consider the following questions:

  • Did you have a legal right to be on the property? If someone invited you onto the property, whether through a formal invitation (such as a verbal invitation from a neighbor) or through an implied invitation (such as patrons being welcome at a retail store), you had a legal right to be there.
  • Were you trespassing? Trespassing means you had no legal right to be on the property, and the owner may have less or no liability for your injuries.
  • Did your actions contribute to the accident? In some cases, a slip or trip could have occurred due to actions or negligence on the part of both parties, which could split liability and reduce possible damages.

The exact details of your injury-causing accident will play a role in determining liability and your legal options.

Seeking compensation

If you believe that a property owner is liable for the injuries you suffered on their premises, you may want to look into filing a premises liability claim. A successful claim could allow you to obtain monetary recompense for the damages you suffered as a result of the incident. Of course, because legal issues can be tricky, it is wise to work with an experienced attorney when handling such delicate matters.

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