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O.C.G.A. § 9-11-67.1 – FAQs and Best Practices Webinar - August 15thRegister

Atlanta Premises Liability Fault

Premises liability cases could be difficult to deal with especially if you are unsure of who could take responsibility for any injuries sustained at a property. Determining fault in Atlanta premises liability fault cases may be an easier process with the help of a skilled premises liability attorney. Work with an attorney that could begin working on your case.

Determining Fault in an Atlanta Premises Liability Case

How liability is determined in premises liability cases may depend on the facts of the case. When there is a slip and fall case, liability may be determined based on whether there was a hazard on the premises that caused the individual to slip and fall and how long it could have been present.

The critical issue may be whether the premises owner knew about the hazard or could have known about it. If a lawyer could establish that the owner knew about the hazard and had a duty to act on it, they could establish liability. Regarding negligent security cases, the focus may be on whether the premises owner or property manager knew about similar, prior violent offenses on the premises and whether they took any actions to prevent further offenses taking place.

Lack of Preventative Actions

When there is no history of prior offenses that could prompt a reasonable premises owner to take action and address such issues, they may not be liable for any subsequent offenses that may have occurred.

Alternatively, when there are prior offenses and the premises owner does nothing in response or takes actions that are potentially unreasonable considering the extent of the problem, there could be a liability for the subsequent criminal actions they could have foreseen and taken action against.

Role of Legal Status of Visitor in a Premises Liability Case

The legal status of a visitor could play a critical role in a premises liability case. In some cases, the individual who is injured is considered an invitee. That means the premises owner or property manager knows and anticipates the person being on the premises. A customer, vendor, or someone doing business with a store is also an invitee.

If the individual is a licensee the premises owner may have a lessened duty to the individual and the standard to prove the premises owner acted unreasonably could go up. It may go up even further when the individual is a trespasser, which could be good for determining fault in Atlanta premises liability cases.

When someone is not supposed to be on the premises and the landlord had no reason to expect they could be there, they may still have a case, but the duty of the landlord is much less as they could not have willfully and wantonly injured the individual.

Potential Value of a Premises Liability Case

A suitable way for a person to know whether they have a strong premises liability case could be to reach out to an experienced wrongful death attorney or premises liability attorney and provide them with all the information they have about the incident. Providing a lawyer with as much information as possible could be a way to determine fault in Atlanta premises liability cases and what the potential value could be.

Gaining the Assistance of an Atlanta Premises Liability Attorney

The main thing an attorney could do to help someone determine fault in Atlanta premises liability cases is, explain the responsibilities a premises owner or landlord had and what they may have failed to do. The attorney could help the person or their family get information to highlight the hazard that existed on the premises and determine what the premises owner, landlord, or property manager was doing to address the hazard.

People may not necessarily understand the extent of the duties the premises owner or the property manager has, nor could they necessarily know what information the premises owner or property manager has at their disposal that guides their decision. A practiced premises liability lawyer could help you or your family understand these issues and provide answers to determine whether there is a case. Contact a skilled personal injury attorney today for a free consultation.

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