If you were injured on someone else’s property in Rome, Georgia, there’s a good chance that you can file a personal injury claim against the property owner. These claims are called premises liability claims because the injury occurred on the premises of another person who is liable for the damage. To better understand how liability works in these cases, you’ll need to know that anyone who is charge of any home or property has a legal responsibility to ensure that the property is safe. However, they are not required to keep the property completely free of hazards, and they are usually not responsible for trespassers on the property. In this way, your status on the property makes a big difference. Most premises liability claims involve slip or trip and fall injuries, though this is not the only kind.
What Was Your Status on the Property at the Time of Injury?
Your status on the property at the time of injury makes a difference when it comes to whether or not the property owner owed you a duty of care and how much responsibility they have for your safety. You may have been an invitee, a licensee, or a trespasser.
If you were an invitee, then you were invited onto the property, either expressly or implied. This means that if you had a good reason to be on the property, as someone who was asked to be there or was expected to be there (particularly for business purposes), then you were an invitee. The highest duty of care is owed to invitees on any property in Rome, Georgia.
If you were a licensee, then you were not invited as a customer or servant. Rather, you were on the property for your own purposes, but you were permitted to be there. Social guests are usually considered to be licensees, unless you were there for a business purpose as well. Licensees are not entitled to the same standard of care as invitees. Rather, you should be protected from any intentional harm or extreme hazards. As a licensee, you were owed a basic level of care.
If you were a trespasser at the time of the injury, then you were not invited, not expected, and not allowed to be on the property. You were on the property without permission. The least standard of care is owed to trespassers. In fact, you are only protected from intentional harm or active negligence. There are some exceptions, however, such as if there was good reason to expect trespassers on the property.
In cases where the property was made available for public recreational use and no admission was charged for access to the property, no duty of care is owed to anyone who enters the property.
What if You Were Injured by Criminal Assault On Business Property in Rome, Georgia?
Typically, the owner of a business will only be liable for a criminal assault injury if there was reason for the business to expect such an event to occur. For example, if there were past incidents on that property or in the area or if the business is in a known high crime area, then the business may be liable. In these cases, the business could have taken reasonable precautions to prevent violence by hiring adequate security and ensuring that the area was well lit. When criminal assault injuries occur on business property, the type of claim you may have is a negligent security claim. These types of claims usually involve the business property of apartment complexes and hotels. To prove that the assault was foreseeable, you will need the case to be thoroughly investigated and expert testimony may be necessary. This is how you will establish that the he criminal assault should have been expected and that it could have been prevented if there had been adequate security.
What if There Was an Attractive Nuisance on the Rome, Georgia, Property?
Attractive nuisances are usually involved in premises liability claims that involve harm coming to a child. This is because the given hazard was naturally attractive to children who could be reasonably expected to come onto the property because of that hazard. Examples include swimming pools and playground equipment. When there is an attractive nuisance, it doesn’t matter that the child was trespassing. In fact, children usually cannot be expected to know that they are trespassing.
What if You Slipped or Tripped and Fell on Someone’s Property in Rome, Georgia?
Slip or trip and fall claims are among the most frequently seen premises liability claims in Rome, Georgia. These are often caused by damaged flooring or sidewalks, hazards in poorly lit passages, spilled liquids, or the presence of slippery ice. Again, your status on the property makes a difference as to what kind of care was owed to you to prevent injuries. Further, the property owner is not required to ensure that there are no hazards, only to ensure that the property is reasonably safe. Thus, if you were on a part of the property where you were not expected, you may not be able to prove negligence.
There is a concept known as ‘superior knowledge’ in premises liability claims. This means that the owner must have had knowledge of the hazard and failed to address it or warn you that it was there. Another concept, known as ‘constructive knowledge,’ refers to whether or not the property owner should have known about the hazard, even if they didn’t. If they should have inspected their property and discovered the hazard, but they failed to do so, then you may still have a valid claim. At the same time, it is important to understand that the hazard must have been there for long enough for the owner to have discovered it through regular property inspections. If you slip on wet floor that the owner did not have time to discover or address, then you may not be able to prove negligence.
Contact the Bader Law Firm to Learn More About Personal Injury Claims in Rome, Georgia
If you have been injured on someone else’s property in Rome, Georgia, then you probably have a lot of questions concerning liability and recovering compensation through a premises liability claim. Contact the compassionate personal injury lawyers in Rome, GA at the Bader Law Firm to learn about your options and how to proceed.