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Georgia's Duty to Make Premises Safe


Blog Category:
12/3/2014
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According to a study by the Centers for Disease Control (CDC), 15 percent of all job-related injuries are caused by slip-and-fall accidents. Additionally, there are over 19,500 deaths each year in the United States from unintentional falls. The CDC also reports that over 60 percent of all elevated falls causing injuries are from heights under 10 feet.

If you have suffered a serious injury on someone else's property, a premises liability attorney at the Law Offices of Shane Smith can review your accident and injuries to determine if you have a reasonable case against the property owner involved.

Georgia law requires that homeowners and retailers exercise reasonable care to maintain safe properties for any "invitee" who is approaching, exiting or present on the property.

According to Georgia statute, O.C.G.A. Sec. 51-3-1:

"Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe."

This obligation extends only to persons who are invitees; a lesser duty is owed to "licensees" or "trespassers." In a premises liability claim, an "invitee" is anyone who lawfully uses or enters the premises at the express or implied invitation of the person or entity owning and/or occupying the property or business.

Dangerous conditions can be caused a multitude of ways, including poor maintenance, spills or fallen products, broken or uneven walking surfaces, unmarked steps or slopes, damaged stairs or handrails, or unmarked hazardous areas. Pursuant to Georgia premises liability law, the owner or occupier of property may be liable for negligently causing or negligently failing to repair or warn an injured party about these and other unsafe conditions which are the proximate cause of injuries or wrongful death. Dog bite victims may also pursue premises liability claims against a dog owner for negligently failing to leash, confine, or control their animal.

Stores can be held responsible for injuries that occur on their premises when the store owners do not protect patrons from injuries. Slip-and-fall victims should call a Clayton County premises liability attorney at the Law Offices of Shane Smith to schedule a free legal consultation.



Category: Premises Liability

Shane Smith
Advocate for the Seriously Injured in Georgia

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