Premises Liability Lawyer
The central goal of a premises liability claim is to hold a property owner or tenant accountable for personal injury or damages that were a direct result of accidents that happen on their property. If the property owner or tenant is found to be liable for the damages or injuries that were sustained, damages in the form of financial compensation can be demanded. Regardless of state or locality, property owners and tenants are responsible for maintaining safe conditions for visitors and employees. As a premises liability lawyer Atlanta, GA residents prefer from Council & Associates, LLC can explain, failing to maintain safety standards on the premises may lead to grounds where a premises liability claim is viable.
Examples of common circumstances that can result in injury or damages and lead to subsequent premises liability claims include but are not limited to the following:
- Injuries from slip and fall accidents
- Faulty company vehicles contributing to or causing crashes
- Animal bites from aggressive animals on premises
- Hazardous residential property conditions
- Irresponsible or inadequate protections for known hazards
- Swimming pool related injuries
- Inadequate maintenance practices
- Unsafe retail store environment
- Unsafe dining establishment conditions
Owner Exemptions
In property owner – tenant relationships, the owner is usually considered to be exempt from liability for injuries of a lessee or visitor. The lessee is assumed to be responsible for maintaining safe habitable conditions on or in the property. One example where the property owner would not be exempt would be if they concealing or otherwise hiding defects or potential hazards when the tenant takes possession of the property.
Variations in State Premises Liability Laws
However, it should be known that laws pertaining to premises liability vary based on state and variations in these laws affect who is able to recover damages by means of a premises liability claim. Some states may examine factors such as the status of the person who is filing a claim at the time of their presence and injury on the property. The status of a visiting person is generally classified as invader, invitee, or licensee. Furthermore, a social guest is someone who was present on the premises by permission of the property owner or owner. An invitation is effectively considered as a promise that the property is safe to be on.
Trespasser Liability
Certain premises liability scenarios examine the state of the visitor when defining liability in the claim. Some properties assume there is a potential risk for trespassers, and if this is the case they are expected to provide obvious warnings of potential threats to intruders.
If you feel there is a potential need to take legal action after an injury or damage that you believe occurred as a result of unsafe conditions on a premises, it is recommended to first consult with a reputable lawyer in your area. As the laws do vary quite widely based on the state where the incident occurred, a local lawyer will be able to help with understanding the laws as they pertain to your unique situation.