Brunswick Premises Liability Attorneys

Premises Liability

Premises liability cases in Georgia are personal injury cases that involve claims of accidental injury or death on a property owned by another person or entity. Claimants are classified into three categories: invitees, licensees, and trespassers. The owner's obligations to these different visitor classes (in terms of ensuring their safety on the premises) vary widely.

The most "protected" class of visitor is the invitee. This is an individual who has been explicitly asked to enter the premises, often for the purpose of work. For instance, a customer entering a hardware store during business hours would be considered an invitee. Similarly, a maid showing up at someone's Atlanta mansion to do housecleaning would also be considered an invitee. According to Georgia law, the owner must take care to keep the premises safe specifically for the invitee. If, for instance, the owner of the hardware store knows about a loose shelf but doesn't put up a sign warning potential customers about it; and a potential customer knocks over the shelf and gets injured as a result, chances are that the claimant would be able to seek damages under Georgia law. Then again, if the manager of the store did put a warning sign, the claimant will have a harder time proving the case.

The second class, licensee, applies to almost all other visitors. This class includes friends, guests, visitors, firefighters, and other non-trespassers. The owner is held to a lower standard of obligation in terms of these visitors' safety: he or she simply must warn the licensee if he or she (i.e. the owner) has knowledge of dangerous conditions on the property.

The third class of visitor, the trespasser, is the least protected. The owner is not responsible for warning trespassers of injurious conditions but cannot "willfully or wantonly" attempt to cause injury to the trespasser.

Often, premises liability cases devolve into battles about claimant status. If a defendant can get a claimant "declassified" to a lower class (i.e. convince the court that a nominal "invitee" is actually a "licensee"), then the trial may be dismissed.

Contact Us

Given how specific Georgia law is in terms of classifying claimants and owners, and how important these classifications can be in terms of how the court ultimately rules, you may need fast and accurate assistance from a knowledgeable Georgia slip and fall attorney. Call 1.912.466.8896 today to connect with a skilled attorney at Farah & Farah. Our knowledgeable attorneys will examine every aspect of your case to ensure that your rights are upheld. The firm of Farah & Farah is proud to be a member of the American Association of Justice and the Better Business Bureau.