Coweta County Accident Attorney Shane Smith Explains How Premises Liability is Proven
Every day you are put at risk of being injured or even killed when you are at work, shopping at a store or even at the home of a friend or relative. This threat is so pervasive that even if you take the appropriate steps to reduce your chances, you can still become injured or die from an unsafe premises. The vast majority of business, retail and homeowners due their due diligence to uphold their duty of care and make sure there is little chance of someone becoming injured or killed.
However, there are negligent premises owners that fail to uphold their duty of care. When their duty of care is breached, severe injuries or even death can occur. Innocent victims are at risk every day because they may experience one of the following scenarios:
- Falling objects
- Unsafe floors
- Inadequate security
- Defective stairs
- Malfunctioning equipment
- Animal bites
Whether you are on the job, shopping for grocery or at the home of a family member or friend, you can suffer life altering injuries. If you are a victim, you may wonder what rights you have and if you can file a premises liability claim. Depending on the circumstances and the at-fault parties, you may be able to file a lawsuit.
Determining the At-fault Party
There are two “tests” to determine what party is at fault. The first test is whether or not the premises owner/operator kept their property safe. Since the owner/operator has control over their property, the invited or permitted visitors must not be exposed to an unreasonable risk of injuries or death due to the structure’s construction.
The second “test” is how the visitor used the premises. If the visitor uses the premises in the generally accepted way everyone else does, premises liability may exist. However, if the visitor acts contrary to the law or general expectations, a question of liability will exist.
In order to understand what rights you may be entitled to under Georgia State Law, speaking with a Coweta County accident lawyer at the Law Offices of Shane Smith will explain your rights. During our free legal consultation with a Coweta County accident attorney, you will be able to explain your circumstances and understand what damages you may have and if you are able to file a personal injury claim. Call our law firm today at (770) 487-8999.