Atlanta
Auto Accident Attorney
Premises liability encompasses injuries
arising out of a dangerous condition
on someone's property; such as injuries
caused by slips, trips or falls,
inadequate security, lead poisoning,
construction, farms, swimming pools,
fires, explosions, exposure to hazardous
materials, athletics, animal bites,
and workplace injuries are far too
common.
Owners
and occupiers of property have a
duty to protect persons lawfully
on their property from injuries
resulting from hazardous conditions
that the owner or occupier knew
or should have know existed. When
owners or occupiers of property
act irresponsibly by failing to
adequately protect persons from
such hazards, they should be held
accountable.
A
thorough understanding of the ever-changing
and fact-specific law regarding
the various and numerous incidents
that result in premises liability
is essential to successful legal
representation.
For
example, under Georgia law, merely
owning or occupying land does not
make that person liable for injuries
sustained on the property. There
must be some form of negligence
on the part of the owner or occupier
of property before there can be
any liability. In order to understand
the duty owed by an owner or occupier
of land, it is necessary to understand
the difference between the owner
of the property and the occupier
of the property and their relative
liability.
Likewise, it is necessary to understand
the three different types of people
who may be on the property because
the degree of responsibility owed
by an owner or occupier varies according
to the status of the person who
is injured. These types include:
invitees, licensees, and trespassers.
Generally,
it is easy to determine who owns
a particular piece of property.
An occupier of the property is anyone
who exercises some form of control
over it. This form of control includes
a tenant who leases the property
but it may also include other, less
traditional, forms of occupancy.
For example, a contractor who comes
onto the property for purposes of
constructing a home, commercial
building, or other structure, may
become an occupier of the premises
by exercising control over the property.
An
invitee is someone who comes onto
the property by the express or implied
invitation of the owner or occupier
of the property (such as a customer
in a store). It is the duty of the
owner or occupier to keep the premises
in a safe condition. The liability
of the owner or occupier to the
invitee is based upon the duty of
the owner to make a reasonable inspection
of the premises for the protection
of invited people. A social guest
at a residence is generally a licensee.
Someone
who is not an invitee is generally
a licensee. An owner or occupier
of property is liable to the licensee
only for willful or wanton injury.
The owner or occupier has a duty
to warn the licensee of any known
dangerous conditions on the premises
that create an unreasonable risk
of harm to the licensee, and where
the owner or occupier knows the
licensee is unaware of the condition
and is unlikely to discover it.
However, the owner or occupier has
no duty to a licensee (unlike the
invitee) to inspect for defects
or to repair known defects. An owner
or occupier simply has the obligation
of not acting willfully or wantonly
with regard to the licensee.
A
trespasser is someone who comes
on the premises without the permission
of its owner or occupier. A trespasser
may be on the property by mistake.
The duty owed to a trespasser by
an owner or occupier of property
is less than that owed to an invitee
or licensee. Kids will be kids.
Sometimes they wonder off into dangerous
place where they are not supposed
to be. However, under certain circumstances
owners and occupiers of land have
a responsibility to anticipate a
wondering child and must be held
responsible if the child is injured
on their property as a result of
their negligence.
For
example, if a child wondered onto
the property because he or she was
enticed by some inherently dangerous
and attractive man-made thing on
the premises, that thing may be
considered an "attractive nuisance".
By creating or being aware of the
attractive nuisance, the owner or
occupier should anticipate the presence
of children on the premises and
impliedly consent to the presence
of a child on the property. This
changes the child's presence from
the status of trespasser to licensee,
thus the owner or occupier of the
property is obligated to maintain
a greater level of responsibility.
Negligent
Security
Dark alleys are wise to avoid. We
should all vigilantly protect ourselves
from senseless and violent crime
by acting prudently. In the same
sense, owners and occupiers of property
have a responsibility to guard against
foreseeable crimes on their property.
Foreseeability, rather than the
relationship between the landowner
and the person criminally assaulted,
triggers liability in cases involving
negligent security. For example,
if an owner or occupier knows of
burglaries on or near the premises,
he or she must to take reasonable
precautions to protect persons coming
on the premises from burglaries
and will be liable to victims of
burglary if he fails to do so. If
the owner or occupier fails this
responsibility, he or she will be
held liable for monetary damages
to the person injured by the crime.
If
you have any questions or concerns,
please contact us. You may use our
interactive
contact form, send us an email,
or call us at 404.521.3455. |
