What is premises liability?

Brauns Law Accident Injury Lawyers, PC |

Under Georgia law, premises liability applies where the owner or occupier of a property invites others (either by direct expression or through implication) onto the property for any lawful purpose. Having done so, the owner or occupier of the property is liable to those invitees for any injuries caused by a failure to exercise ordinary […]

Does the duty of ordinary care apply to anyone who enters the property?

Brauns Law Accident Injury Lawyers, PC |

No. In Georgia, there are three categories of entrants to a property: invitee, licensee, and trespasser. Only an invitee is entitled to the duty of ordinary care. In the case of a business, for example, invitees include all of those who come to the business to engage in a business transaction – like a shopper. The shopper […]

Is premises liability limited to Atlanta businesses?

Brauns Law Accident Injury Lawyers, PC |

No. Any class of property owner—or the lessee of that property or another person in lawful possession of the property—can be liable for injuries occurring on the property, assuming the requirements of premises liability generally are met. Premises liability claims can be brought against homeowners, retailers, business owners, landlords, property managers—such as homeowners’ associations—or even […]

What accidents do premises liability law cover?

Brauns Law Accident Injury Lawyers, PC |

Premises liability is not limited to specific types of injuries. Property owners or lawful occupiers can be held liable for any kind of injuries that are caused by their failure to repair a condition or warn about an unsafe condition. This applies to any dangerous condition that arises or persists because of the owners’ negligence. Such hazardous […]

Does premises liability include inadequate security?

Brauns Law Accident Injury Lawyers, PC |

A property owner or occupier can be liable for an assault if he or she fails to provide security adequate enough to keep the property safe from foreseeable criminal activity. This duty of care mirrors that in most premises liability cases, when the landlord owes a duty of ordinary care to invitees to guard against […]

Do I have a premises liability case against the owner of any property where I am injured in an accident?

Brauns Law Accident Injury Lawyers, PC |

Not necessarily. Under the Georgia Recreational Property Act, a landowner who opens up land to the public for recreational purposes owes no duty of care to maintain the premises in a safe condition, or even to warn of dangerous conditions for any structure, activity, or use on the premises by people who enter the property for […]

What Must the Injured Party Show?

Brauns Law Accident Injury Lawyers, PC |

Most premises liability cases require that the injured party prove that the fault of the property owner caused the injuries they sustained on their property. Property owners may be at fault when they provide inadequate security for visitors. To prove negligent security, an injured party must demonstrate: The negligence of the liable party caused the […]

What is Involved With a Gwinnett County Negligent Security Claim?

Brauns Law Accident Injury Lawyers, PC |

Of course, it is impossible to prevent all incidents of criminal activity on public property. However, when property owners fail to take appropriate security measures, criminal behavior may be harder to detect, and, as a result, incidents may be more prevalent. Areas with inadequate or improperly maintained security measures may enable criminal activity that causes […]

Where Do Negligent Security Cases Occur?

Brauns Law Accident Injury Lawyers, PC |

Under Georgia law, the duty to provide reasonable care in protecting individuals from violent crimes typically falls on the commercial and business property owners. Public business owners “invite” customers and guests on to their property. As such, the owners have a duty to keep patrons supporting their businesses safe. Some commercial properties that may be subject to negligent […]

What Does It Mean When There Is a Lack of Adequate Security?

Brauns Law Accident Injury Lawyers, PC |

Generally, negligent security claims involve allegations that injuries resulted from inadequate security measures taken on the property. In other words, the injuries would have been prevented had the owner provided sufficient safety precautions. These measures can vary depending on the particular property, but some common examples of inadequate security measures include: Inadequate lighting: A venue may be held […]