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What’s a Property Owner’s Duty of Care in a Premises Liability Case?

Accidents that occur on others’ properties are extremely common. Car accidents, slip and fall accidents, amusement park accidents, and swimming pool accidents are just a few examples. In some cases, the injured party may be able to file a claim against the property owner for damages—a type of civil action known as a premises liability claim. Here’s an overview of what you should know about premises liability claims, what you’ll need to prove to win your case, and property owners’ duties of care. For more information, call our personal injury lawyers today.

What Duty of Care Does a Property Owner Owe Someone on Their Property?

To recover damages in a premises liability personal injury claim, a claimant will need to be able to prove that the property owner breached the duty of care owed to them. As such, it’s important to understand the duties of property owners in our state.

Property owners have a duty to maintain their properties in a reasonably safe condition and to remedy any known hazards within a reasonable amount of time. If this duty is breached and someone is injured, the property owner could be held liable.

Note that the duty to maintain a property in a reasonably safe condition and remedy known hazards only applies to those who are on the property legally. If a person is trespassing, then the property owner owes them no duty but to refrain from causing them willful or wanton harm.

What Do I Have to Prove to Hold a Property Owner Liable for My Injuries?

In order to hold a property owner liable for your injuries, you’ll need to prove that they breached the duty of care owed to you. To do this, you’ll need to produce evidence that:

  • A dangerous condition existed on the property;
  • The property owner knew or should have known of the dangerous condition; and
  • The property owner failed to remedy the hazard in a reasonable amount of time

Note that you’ll also need to prove that the condition was the proximate cause of your injuries, you were on the property lawfully, and that you’ve suffered actual damages as a result of the accident. 

Get Help with Your Premises Liability Claim from a Personal Injury Lawyer in Georgia

Being injured on another’s property can be frustrating, and you may have questions about what your rights are and who should be held liable for the damages you’ve suffered. At the office of Stewart Miller Simmons Trial Attorneys, our experienced Atlanta, Georgia personal injury lawyers are ready to help you. We can review your case free of charge and provide you with information about your options. If we work on your case, we’ll handle the investigation, proving fault and liability, calculating damages, settlement negotiations, and more. To learn more about your rights and how we can help, please call our personal injury law firm directly today or send us a message online at your convenience. We work on a contingency fee basis. 

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