Jones & Swanson

Proving Liability in a Premises Liability Case in GA

Being injured on someone else’s property can lead to a complex premises liability case. Whether the property was a commercial building, a residence or public property, the owner has a responsibility to maintain safe grounds. There are countless causes of an accident that could lead to liability of the owner and compensation for the injured victim. The basic rules for proving liability in a premises liability accident involve the safety of the property and the conduct of the person that was injured. The owner has the duty to not subject visitors to an unreasonable injury risk. At the same time, the visitor cannot be acting in an unauthorized and dangerous way and then expect to hold the owner liable for an injury. When looking to hold the owner responsible for your injuries you will need to show a causal relationship between a breach of duty from the owner and your injuries. To do so there are three steps:

  1. Prove that there was a duty of care of the owner to maintain the property
  2. Show that there was a breach of the duty of care
  3. Prove that the breath of duty is the cause of the injuries in the case

An example of this would be in a grocery store. The owner has the duty to provide a safe environment for customers that is reasonably free from hazards. If there is a spill on an aisle and the owner or manager fails to clean it up in a reasonable time period, this may be a breach of their duty. If a customer falls due to the spill and suffers an injury, the owner may be liable for the injuries. For help in your premises liability case, contact Jones & Swanson. Schedule your free consultation with a Marietta personal injury lawyer from our firm today!

Premises Liability

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