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Law Offices of Shane Smith

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When Does Liability Apply?

Whenever we visit our favorite store or a friend’s or family member’s house, we expect and virtually all of the time we are able to have an enjoyable shopping experience or time spent with friends and family.

However, premises owners may be liable for injuries caused on the premises or for actions caused off the premises if they are related to the premises owner’s actions while on their premises.

Examples of on-premises liability may include: 

  • Failing to take any security precautions or increase security precautions when a premises owner is aware of an existing danger. An example of an existing danger is when there has been a break-in at the premises or at a nearby residence or commercial property.
  • If a bar owner or any business owner has identified a visibly drunk patron and has a reasonable expectation the individual may hurt an innocent third-party patron and fails to remove that drunk individual, liability may exist if injuries are sustained.

Examples of off-premises liability may include:

  • A homeowner who serves a visible drunk individual alcohol may be held liable. Under Georgia State law, if a homeowner or business that serves an individual alcohol that they have reasonable suspicion is already intoxicated and intends to operate a motor vehicle in a reasonable period of time and they cause an accident injuring or killing an innocent third-party, the home or business owner may be held liable.

Determining liability is subjective according to Georgia State law. Speaking with a Georgia accident attorney will help you determine what your legal rights are. When you talk with a Gwinnett County accident lawyer at the Law Offices of Shane Smith, you will see if you have a case. 

When Liability Might Not Exist?

Based on State law, premises owners do have protections, including:

  • If a customer or worker is injured or sustains damages through their own fault, the chances of a recovery against the premises owner are virtually impossible. If a customer shopping in a store antagonizes/attacks an individual and they need medical treatment due to injuries, the premises owner is not responsible.

Based on these differences, the only way to determine if a personal injury case exists is to speak with a Lawrenceville lawyer at the Law Offices of Shane Smith. When you consult with a Gwinnett County accident lawyer, you are able to see if your circumstances merit a lawsuit. Call our law office at (770) 487-8999 and schedule your free legal consultation with a Georgia accident lawyer today!


Shane Smith
Advocate for the Seriously Injured in Georgia