In cases involving slip-and-falls, building accidents, or assaults, you may hear attorneys refer to “premises liability.” But what does that mean? Premises liability is important for property owners to understand, and it’s also critical for anyone who has been injured on someone else’s property to be aware of.
Premises liability is a legal principle that holds property owners or managers accountable for injuries that occur on property they control. The application of this principle can vary depending on several factors. While a personal injury attorney can explain how it applies in your case, here are some general considerations.
Duty of a Property Owner
In general, premises liability laws require property owners to keep their premises safe for anyone invited onto the property. This responsibility extends to anyone in charge of maintaining the property, such as a business leasing space in a shopping center.
Section 51-3-1 of the Georgia Code states that when a property owner or occupier “induces or leads others to come upon his premises for any lawful purpose,” they are responsible for injuries caused by failing to exercise ordinary care in maintaining the premises and its approaches.
While this statute outlines some of the property owner’s obligations, courts have further interpreted what it means to keep premises safe under Georgia law.
Duty Does Not Apply to Trespassers
The statute specifies that a property owner’s duty to keep the premises safe only applies when they invite others onto the property. For example, if a store displays an “open” sign, it’s inviting customers, and the owner must keep the premises safe. However, if someone breaks into the store after hours, the owner is not responsible for ensuring a safe environment, as the person is there without permission.
In general, property owners owe minimal duties to trespassers—mainly to avoid intentional harm. Setting traps or using force against intruders could result in liability unless it’s proven the trespasser posed a real threat to others on the property.
Attractive Nuisance—An Exception for Children
There is an exception to the general rule that property owners only owe a duty of care to invited guests. If something on the property could attract children but also pose a danger, such as a swimming pool, the owner must take steps to secure the hazard. Failing to do so could result in liability if a child is injured, even if they were trespassing at the time.
What Does It Mean to Keep the Premises “Safe”?
Property owners are required to use “ordinary care” to ensure their premises are safe. What qualifies as “ordinary care” or a “safe” environment depends on the circumstances. That’s why it’s critical to collect evidence about the cause of an injury, as even small details can help establish whether the property owner took appropriate safety precautions.
Typically, a property owner can be held liable if they knew about a hazard and didn’t take adequate steps to fix it. Even if they weren’t aware of the danger, they could still be liable if they should have known about it through regular inspections. This is called “constructive knowledge.” Proving that the owner had actual knowledge of the hazard is difficult, but it’s often easier to show that a dangerous condition existed long enough that the owner should have known about it.
Hazardous conditions that may require repairs or warnings include:
– Uneven flooring
– Slippery surfaces
– Missing or unstable handrails
– Loose carpeting on stairs
– Faulty wiring
For example, a store manager might be expected to have staff regularly check for spills and place cones or barriers around the area until it’s cleaned up.
Negligent Security
Premises liability also covers providing adequate security if there is reason to believe visitors to the property might be at risk of criminal activity. If the property is located in an area where break-ins or assaults have occurred, the owner is responsible for implementing measures like sufficient lighting, security cameras, or gates. When an owner fails to provide appropriate security and someone is injured due to criminal acts on the property, the owner may be held liable.
Glass Robson Fights for You When You’ve Been Injured on Someone Else’s Property
At Glass Robson, we use premises liability law to seek full and fair compensation for those injured due to a property owner’s negligence. If you’ve suffered an injury from a slip and fall, fire, animal attack, or another accident where the property owner failed to keep you safe, contact us today for a free consultation to discuss your case’s value.