An important legal concept that falls within the purview of personal injury or tort law, premises liability deals with cases that arise when personal injury results within someone else’s property, where the property owner failed to keep the premises of his property in safe and secure conditions.

Where can premises liability cases happen?

These cases can happen in any property where people visit, work, or gather in general. Usually, these are public establishments, which can be both privately or publicly owned. These areas may include:

  • Restaurants, bars, and other dining places
  • Malls, supermarkets, and other kinds of retail stores
  • Office and government buildings
  • Hospitals, clinics, and other medical facilities
  • Sport and concert venues
  • Schools, daycare centers, and other learning institutions
  • Construction sites
  • Condominium and apartment complexes

These properties operate precisely for the benefit of the general public, and it is the responsibility of property owners to ensure that visitors are free from any risk that would arise from unsafe or defective conditions in their property. In the event that an injury arises, and it is proven that the cause of the injury is the fault of the property owner in not ensuring that his or her property is free from any dangers and hazards, then the said owner may be held liable in a premises liability case.

What must one prove to claim in a premises liability case?

Just like any other personal injury case, some requisites must be present in order for the claiming party to be compensated for the injury suffered. In particular, if you are an injured party looking to claim through premises liability, here are the basic elements to build your case:

  • Duty: In claiming against a party in a premises liability case, this person must be shown to have the duty of care that the claiming party is asserting entitlement to. This person must have the duty to prevent the injury from happening. This duty of care usually would exist in the person of the property owner, manager, administrator, or even the employees of the establishment.
  • Breach: This element also refers to the negligence of the defendant; it is the breach of duty as mentioned in the first point. This is an important requisite in a premises liability case because if the circumstances show that the defendant did exercise his duty of care, then he cannot be held liable, despite the happening of the injury. In other words, it is not his negligence or inaction that caused the injury.
  • Proximate Cause: The damage pertaining to the injured party must be attributable to the wrongdoing of the defendant. If it were caused by something else, then, naturally, the premises liability case against the defendant will not prosper.

Besides these elements, there are, of course, other matters that must be proven in a premises liability case. This includes the absence of negligence on the part of the injured party and evidence for actual expenses and damages being claimed, among others.

If you get involved in a premises liability case in Atlanta, make Musgrove your partner in building your case. Located in Norcross, Georgia, Musgrove Trial Firm has a set of highly skilled and competent personal injury lawyers on its team, offering its assistance at the most competitive rates within Georgia. It is currently offering its professional legal services in Atlanta and nearby areas, and we are here to assist as you fight for your rights, protect your interests, and claim the compensation that you rightfully deserve under the law.

Musgrove Trial Firm is ready to hear and represent you. Send us a message on our website or give us a call at (678) 226-1994 for immediate assistance.