Individuals and entities who own property in Cobb County have a responsibility to provide some protection to visitors, including paying customers. If you suffered injuries while on property owned by another person, it may be possible to recover compensation from the owner or their insurance company.
To learn about your options, it may be beneficial to contact a Cobb County premises liability lawyer before too much time passes. A personal injury lawyer could investigate and prepare evidence so it can be used in negotiations or at trial.
Premises liability refers to the laws that make property owners and managers liable when someone suffers harm while on the property they control. Some of this law appears in statutes, but much of it is derived from prior case law.
Someone who owns or controls property is not automatically liable for everything that happens on their property. To recover compensation, an injured individual must demonstrate that the person who owned or managed the property was negligent in some way and that the negligence caused harm. A broken or slippery staircase, uneven flooring, or faulty electric circuitry are all examples of negligent property maintenance that may cause injury.
While all property owners and managers owe a certain duty of care to those on their premises, the extent of the duty is largely determined by the status of the person on their property.
The highest duty of care is owed to those invited onto the property, either by express invitation or implied invitation. Customers entering a store, for instance, are considered invitees. A property owner or manager owes a duty to exercise ordinary care to keep the property safe. In most cases, this includes a duty to inspect periodically for hazardous conditions, so a Cobb County premises liability lawyer will want to present evidence to show that someone injured on the premises was an invitee.
People who are allowed but not invited onto the property, such as a salesperson, are considered “licensees.” If a property owner knows about a dangerous condition or has reason to know about a condition, the owner must warn about the danger or take action to correct the situation. However, the owner generally will not have a duty to inspect for potentially harmful conditions.
The types of harmful conditions for which a property owner may bear responsibility are varied. They can include everything from physical hazards created by a storm to the danger of criminal conduct allowed by inadequate security measures.
Examples of situations where an injured person may recover due to premises liability include:
A Cobb County premises lawyer could help demonstrate that an injury would not have occurred if the owner had taken proper steps to repair or warn about a dangerous condition.
If you suffered injuries on another person’s property, you might be entitled to receive compensation to cover medical bills, lost wages, future needs, pain and suffering, and other effects of the injury. The unique circumstances of each case make a difference in an owner’s liability, so it is essential to collect and preserve evidence before filing suit. An experienced Cobb County premises liability lawyer could help amass evidence and make a strong case for the recovery of damages. For a free case evaluation, call now.