Clayton County Accident Attorney Shane Smith Details Elements Necessary for a Successful Premises Liability Claim
Every single year, innocent victims are injured at work, when they are shopping or when visiting a friend of family’s home. Instead of enjoying a fun night out, pool party or other “relaxing” event, many people suffer severe injuries or even die due to the negligence of the owner/operator of the premises.
Victims rightfully want to hold responsible parties accountable for the severe injuries they suffer, physical and emotional. In order to have a personal injury claim and to prevail on it, the circumstances surrounding it must be evaluated to see it meets the legal threshold to file a personal injury claim.
Does my Premises Liability Personal Injury Qualify?
Since every premises liability personal injury claim is different, it needs to be evaluated by a Georgia accident attorney. However, there are general elements that can be discussed to have a greater understanding.
When an invitee, a person implicitly or explicitly invited to a store for example, is injured, they may have a case if:
Invitees must prove the following elements in order to file and win a premises liability personal injury claim:
- The owner/operator of the store, business, etc. has breached their duty of care to keep everyone inside safe by intentionally permitting unsafe circumstances to exist on their premises.
- Examples include not providing security or adequate security for an unsafe neighborhood
- Having ample notice of slippery floors which caused damages
- Failing to perform background checks on employees to screen out violent criminals
- According to Alterman Foods, Inc. v. Ligon, 246 Ga. 620, 623, The invitee failed to have as much or more information about the existing conditions that contributed to the personal injury
A licensee, or a social guest that occupies another’s property for their own self-interest and enjoyment, must prove the following to recover successfully:
- The owner of the property, including a home, acted with disregard and recklessness to the licensee or failed to inform the licensee of unknown premises dangers.
- The owner of the premises had knowledge of the hazard and did not inform the licensee of the danger.
When it comes to proving the level of knowledge of the premises owner, regardless of the injured party’s legal status, there are two levels of knowledge: “constructive” or “actual.”
Constructive knowledge can be proven by either supplying evidence that shows the owner/operate saw the evidence or was within proximate distance of the danger. It can also be proven by evidence that shows the owner/operator had ample knowledge for a reasonable amount of time.
Actual knowledge is when the owner operators found the danger in person and is aware of the danger itself.
Investigating the circumstances of the accident is a complex process and is best left to a Jonesboro accident lawyer. When you call the Law Offices of Shane Smith at (770) 487-8999 you will be able to speak with a Clayton County accident lawyer who will determine if your circumstances and those surround the premises and the premises owner merit a claim. Don’t wait any longer to schedule a free legal consultation with a Georgia accident lawyer – call our law firm today!