In Georgia, premises liability is a legal concept that holds owners and occupiers of land responsibile to those who enter their premises. These duties vary according to the relationship between the owner and the person entering the premises.


Exercising Ordinary Care

Business owners may be liable to their business invitees for failing to exercise “ordinary care” in keeping their premises and approaches safe. However, the owner or occupier’s duty to a social guest is to not “knowingly expose” the guest to “an unreasonable risk of harm.” The lowest duty of care is owed to trespassers, which is to not injure the trespasser willfully. 


Examples of premises liability cases include:

  • slip and falls

  • inadequate security

  • defective stairs and railings

  • injuries from falling merchandise in stores

  • swimming pools which are not adequately fenced

  • exposure to dangerous chemicals

  • dog bites

  • defective ladders

  • slippery surfaces

Other hazards may exist when buildings are constructed in a manner that does not comply with applicable building codes. 


How to Win a Premises Liability Lawsuit in Georgia

To be successful in a Georgia premises liability lawsuit, you generally must prove the following:

  1. A dangerous condition existed on the property

  2. The owner or occupier of the property had knowledge of the dangerous condition

  3. The owner or occupier failed to remove or warn of the dangerous condition

  4. The dangerous condition was the cause of your injury 

Whether you have been injured in a public area such as a store, shopping mall, hotel, office building or apartment complex, Williams Elleby Howard & Easter can help you understand your rights and options under Georgia law. Contact us at 833-LEGALGA for your FREE consultation today

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