Burn injuries occur frequently, and when they do they can be devastating. The American Burn Association states that there are nearly 500,000 burn injuries each year in the United States. Burn injuries are excruciating physically and the damage caused by a burn injury can endure for the rest of a person’s life. If you have suffered a burn injury while on someone else’s property, the experienced personal injury attorneys at Williams Elleby Howard & Easter, can help you understand your legal rights and options. Williams Elleby Howard & Easter, is dedicated to getting each client the compensation they deserve.
Georgia Premises Liability Law
The first thing to consider if you have been injured on someone else’s property is whether you have a premises liability claim against the owner of the property. The general rule is that a property owner has a duty to exercise a reasonable standard of care to ensure that their property is safe. A property owner has a heightened duty towards those that have been invited onto a property. Under O.C.G.A. 51-3-1, “Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.” Towards all others, a property owner must not recklessly or intentionally cause harm.
Burn injuries can occur when a property owner fails to maintain equipment, leaves dangerous or flammable chemicals exposed, or neglects to repair a dangerous electrical system. If a property owner negligently fails to use reasonable care to prevent others from being burned, they are liable under Georgia’s premises liability law for any harm that occurs.
Special Statutory Protections for Certain Landowners
Georgia has enacted special protections for certain property owners. Under the Georgia Recreational Property Act: “An owner of land owes no duty of care to keep the premises safe for entry or use by others for recreational purposes or to give any warning of a dangerous condition, use, structure, or activity on the premises to persons entering for recreational purposes.” The law is intended to encourage property owners to make their land available to the public for things like hunting, fishing, and hiking.
This law also states that when a property owner invites persons onto their land for recreational purposes they do not extend any assurance that the property is safe for any purpose, confer the legal status of an invitee or licensee to people they invite, or assume any responsibility for injury to person or property. A property owner will only be liable for harm if they have charged the victim a fee to use the land or if they willfully or maliciously failed to guard or warn against a dangerous condition.
Products Liability
If an accident was caused by a defective product, the victim can bring a products liability claim against the manufacturer. If a victim was injured by a product while on another person’s property, it may be difficult to know whether a premises liability or products liability claim is more appropriate. The experienced personal injury attorneys at Williams Elleby Howard & Easter, help accident victims understand their legal rights and options in these circumstances.
Comparative Fault
All types of personal injuries in Georgia are subject to a comparative fault analysis. This means that if a plaintiff is partly at-fault in causing their own harm, their compensation will be reduced accordingly. If a plaintiff is found to be more than 50 percent at-fault in causing their own harm, they will not be entitled to any compensation under Georgia law.
Types of Burn Injuries
These are the six main types of burn injuries:
- Heat (thermal) burns.
- Cold burns
- Electrical burns
- Chemical burns
- Radiation burns
- Friction burns
Contact Williams Elleby Howard & Easter, to Discuss Your Case Today
Williams Elleby Howard & Easter, is dedicated to maximizing compensation for burn injury victims. This can include compensation for medical expenses, lost wages, and pain and suffering. If you or a loved one has suffered a burn injury, Williams Elleby Howard & Easter is here to help. Williams Elleby Howard & Easter, offers free consultations and takes cases on a contingency fee basis. Call today to discuss your case at 833-LEGALGA.
