Georgia deck collapse accidents are often the result of negligence from those who have the responsibility to properly care for and maintain the structures. If you are injured on another person's property a premises liability attorney at Shane Smith Law can review the incident and advise you of your legal rights.
Georgia deck collapse accident cases are predicated on a negligence cause of action. Four elements must be proven in such a claim:
- The party at fault had a duty to the injured party;
- The party at fault breached the duty to the injured party;
- The breach of duty was the foreseeable cause of the injuries. In the absence of the breach of duty, there would have been no injury or harm.
- The injured party suffered actual injuries that can be calculated or estimated.
A person who lawfully enters a property is owed a certain duty of care. The level of care is determined by the relationship between the property owner and the person entering the property. Invitees (people who enter a property for a business transaction, including for making purchases) are owed the highest duty of care and must be protected from any known and knowable harms on the property. Property owners have a duty to routinely inspect their property for harm and warn entrants of any potential harm or to protect them from such harm.
In a Clayton County premises liability suit, the injured party has an obligation to prove that the property owner's negligence was the proximate cause of the injuries sustained from the deck fall. Additionally, the victim must show that the owner knew or should have known about the dangerous condition and that the owner neglected to remedy the problem by making repairs or appropriately issuing warnings to protect the public from the dangerous situation. The property owner will attempt to show that the injured party did not exercise the care that a reasonably prudent person would under similar circumstances.
If you have been injured in a deck collapse, call a Clayton County premises liability attorney at Shane Smith Law to schedule a free legal consultation.