Premises Liability and Foreseeable Harm
Nov. 14, 2023
Statistics from the National Safety Council – Injury Facts indicate that in 2022, over 6.84 million individuals were treated in hospital emergency departments for fall-related injuries. Georgia laws require property owners to keep their premises reasonably safe for visitors against foreseeable harm or warn them against dangerous areas; however, some people fail to adhere to these laws. If a person is injured in an accident on another person's property due to the homeowner's negligence, they may be entitled to pursue damages.
At The Law Offices of Peter Meyer, P.C., we're dedicated to offering trusted legal guidance and skilled representation to clients in their premises liability cases. Our experienced Georgia personal injury attorney can review all of your case details, help file your premises liability claims, and pursue your deserved financial compensation. We're proud to serve clients across Macon & Savannah, Bleckley, Bibb, Wheeler, Chatham, Houston, Twiggs, Dodge, Candler, and Peach, Georgia.
Premises Liability in Georgia
Under Georgia premises liability law, the owner or occupier of a land or property must make reasonable efforts to keep the place safe and prevent injuries or accidents to invitees or any person legally on the premises.
If a visitor or invitee sustains an injury as a result of the hazardous, defective, unsafe, or dangerous situation of the property, the victim may be eligible to hold the occupier or property owner responsible for their injuries through a premises liability claim.
Statute of Limitations
The statute of limitations for premises liability claims in Georgia is two (2) years from the date of your injury. This means that you must commence a civil action to recover damages for your premises-related injury within two years of the incident.
Understanding Foreseeable Harm
Foreseeable harm means possible injury, harm, or accident that a reasonable person can anticipate or predict the dangerous consequences of the act. According to negligence law, every individual must act in a reasonably safe manner to avoid foreseeable risks of bodily injury or harm to others.
How It Applies To Premises Liability
As mentioned earlier, property owners and occupiers owe a legal duty of care to keep their premises in a reasonably safe condition for invitees. When determining whether a duty is owed, some kind of premises-related injuries, harms, or accidents may be considered as "foreseeable."
For example, if there are slippery surfaces in the compound, it is foreseeable that a visitor may slip and fall, then suffer an injury. Thus, it is the responsibility of the property owner to keep the premises reasonably safe by laying down rubber-backed carpets/mats or by simply changing the surface.
Other examples of incidents that a property owner may be able to foresee include:
A broken staircase that can make a visitor slip and fall.
A broken water pipe that could cause water leaks, water damage, or flooding.
Inadequate property maintenance that may lead to potential injuries to visitors.
Naked electrical wiring that can electrocute invitees in the house.
The property owner must fix these unsafe conditions or provide warning signs for guests on the property. Under Georgia laws, a person who causes foreseeable harm to someone else will be held responsible for the full extent of injuries, damages, and losses suffered by the victim.
Examples of Foreseeable and Unforeseeable Things
Examples of things that are foreseeable include:
Accidents are caused by another person's recklessness or negligence.
Ordinary negligence of a physician, nurse, or medical provider.
Injuries caused by rescuers.
Examples of things that may not be foreseeable include:
Acts of God.
Criminal acts of third persons.
Intentional torts of third persons.
An experienced Georgia premises liability attorney can examine your case details, seek to establish foreseeability, and help you pursue the financial justice you deserve.
Private Property vs. Public Property Claims
Private and public property negligence is similar in premises liability cases. Whether you were injured on private property (such as a local supermarket, grocery store, or residential apartment) or public property (such as public libraries, public playgrounds, or theme parks), you may be entitled to file a claim and seek damages from the negligent property owner, neighbor, supermarket owner, or government entity.
Get Help From an Attorney
Sustaining a premises-related injury can be difficult and emotional. However, you don't have to suffer the pain and financial liability all alone. At The Law Offices of Peter Meyer, P.C., we're ready to represent clients in their premises liability claims. As your legal team, we will fight vigorously for your rights and help you pursue fair financial compensation to cover your premises-related injuries, damages, and losses.
Contact us at The Law Offices of Peter Meyer, P.C., today to schedule a simple case evaluation with a practiced personal injury attorney. Our reliable lawyer can guide you through the complex procedures involved in filing premises liability claims and recovering damages. We proudly represent clients across Macon & Savannah, Bleckley, Bibb, Wheeler, Chatham, Houston, Twiggs, Dodge, Candler, and Peach, Georgia.