According to Title 51, Chapter 3 of the Georgia statutes, premises owners are legally responsible for the safety of individuals invited onto their land. With so-called “invitees” based on the statute, premises owners have a duty of care to exercise reasonable care for that individual. If this level of reasonable care is breached and the individual suffers and can substantiate their damages, a lawsuit may exist against the premises owner/operator.
What does Georgia law say about minors and premises liability?
Since young children’s brains are not fully developed, they often lack judgment to ensure they are engaging in behavior that is safe, along with being enjoyable. With this in mind, Georgia legislators have put a legal term into the law, which is known as “attractive nuisance.”
Understanding that minors lack the judgment, legislators understand that premises may pose an unintended and extremely dangerous set of circumstances. This legal doctrine requires premises owners/operators to keep potential hazards from inviting children and to keep those hazards from injuring or killing a minor. If a child is hurt or killed, the property owner can be held liable through a personal injury claim.
When you talk to a Gwinnett County accident lawyer, you will understand if the circumstances surround the accident at the premises in question rises to a personal liability claim.
How can liability be established under Attractive Nuisance?
- If taking action to remedy the problem is small compared to the potential for injury
- If the premises owner does not take reasonably acceptable actions to take care of the danger, liability may exit.
- Minors who trespass on the owner’s property who do not understand or have no knowledge of the danger may expose the landowner to liability
- If there is any reasonable expectation that minors may trespass on their land, liability may exist.
- Any dangers on the landowner’s property that can cause severe injuries or kill the minors may put the landowner in civil liability.
The one major factor for “attractive nuisance” to be applied in a personal injury case is that the minor has to trespass on the land; an invited or authorized child on a landowner’s property cannot claim this in a lawsuit. This legal concept can and is often hard to apply when it comes to what duty the landowner had and how it applies to their land. That is why speaking with a Lawrenceville accident lawyer at Shane Smith Law is the only way to determine what personal injury law entitles you. When you speak with a Georgia accident lawyer, you will see if you have a personal injury claim and what damages and legal options you may have.