Premises Liability

Premises liability is an area of law that holds property owners legally responsible for accidents that occur on their property due to unsafe conditions. Premises liability law is the body of law which makes the person who is in possession of land or premises responsible for certain injuries suffered by persons who are present on the premises.

The person who has been injured on the owners property needs to be someone who was invited on to the property whereas a trespasser is not usually protected under the premises liability law. There are also cases where a person is injured on the owners property by a third person referred to as “third party premises liability,” and these cases represent a highly complex and dynamic area of tort law. Unfortunately, most laws in Georgia are written to favor of the landowner or owner of the premises. Premises liability laws are complex, so if you have been injured while on someone’s property, you are encouraged to speak with the attorneys at Falanga and Chalker who can help you understand and protect your legal rights.

When it comes to children on an owners property the owner must give a warning to the child to let them know if there is any dangerous conditions on the premises that is likely to cause serious bodily injury or death. The property owner is held to a higher standard where dangerous conditions exist with the risk to children being injured. In order to accept liability the owner must have failed to exercise reasonable care to eliminate the danger or otherwise protect children from harm.

Some premises liability accidents may cause relatively minor injuries such as bruises, scrapes, lacerations, and broken bones that may not cause irreparable or long-term damage, however there can still be legitimate grounds for a premises liability case. Catastrophic injuries cause sever damage physically, emotionally and psychologically. These injuries often require intensive ongoing medical treatment. Brain, spinal cord and burn injuries are common types of catastrophic injuries.

The attorneys at Falanga and Chalker are experienced in the complexities of premises liability law. They will investigate your accident and preserve evidence to help prove fault in a premises liability claim.

Perhaps the most difficult element an injured person must prove is the owner’s knowledge of the condition causing the accident or injuries. The injured person must prove that the owner knew or should have known about the hazardous conditions. Premises liability laws are highly complicated due to the varying case law that has developed in this area, therefore it is necessary to hire the attorneys at Falanga and Chalker to ensure the full protection of your rights.

The statue of limitations in a premises liability case is two years for a personal injury claim in Georgia. To protect your rights in a timely manner, you should contact the attorneys at Falanga and Chalker as soon as possible after an accident occurs.

Falanga and Chalker attorneys can evaluate your claim and help you determine the best course of action to pursue your case.

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