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Elements of a Premises Liability Claim

When the term premises liability comes up, most people think of a slip and fall at the grocery store or falling at their place of work because their employer may have left something dangerous on the floor.

While these situations may, but do not automatically enable the injured to have a case, premises owners are required by Georgia state law to have their premises free of dangers that lead to injuries and death. However, how does a victim who thinks they have a case determine if they actually have one?

The only way to definitively determine if you or someone you know has a premises liability claim is to speak with a Gwinnett County PI lawyer. However, the following is a general overview of some elements that are required as part of a complete investigation to see if a personal injury claim exists against the property owner and other at-fault parties.

Georgia State law speaks to establishing liability as follows:

  • Did the store, parking garage, place of employment have one or more dangerous conditions?
  • Did the owner know about the premises?
  • When did the owner become notified of the danger?
  • How long did the notification occur between the contested injury?
  • What are the circumstances surrounding the property owner’s actions in remediating the danger and giving reasonable and ample notice to others?
  • Did injuries or death occur and how did the failure to warn and remediate it result in the claimants losses?

Premises liability claims are subjective and must be evaluated on an individual basis by a Georgia PI lawyer who is experienced in premises liability and other personal injury claims. The only sure-fire way is to see how the accident happened, and what happened before and after it to determine how the owner acted in relation to the claimed danger and see what damages may have resulted. Speaking with a Gwinnett County PI lawyer at the Law Offices of Shane Smith is the only way to preserve your legal rights. 


Shane Smith
Advocate for the Seriously Injured in Georgia