If you have been injured while on a premises, you should be aware of the premises owner’s duty to ensure that you are kept reasonably safe. If you suffered damages as a result of the injury, the premises owner will be liable for those damages if you can prove that they were negligent.
One of the most difficult aspects of most premises liability cases is proving that the premises in question are responsible for the damages. This is because there are several elements that need to be proven in order for a premises liability claim to be successful. By understanding these elements and planning your case accordingly, you will have the best chance of success.
Establishing duty
The first priority will be to establish that the premises owner had a duty toward you as a visitor to do what is reasonably possible to ensure your safety. Unless you were a trespasser on the property, this should be very easy to do.
Showing that there was a breach of duty
You should have a clear idea of the way in which the premises owner breached their duty toward you. For example, if you slipped on a wet floor that had not been cordoned off, you may want to argue that the premises owner breached their duty by not cleaning up or cordoning off the wet floor.
Linking the breach of duty to the injury
A breach of duty on its own is not enough to lead to a successful premises liability claim. You must additionally be able to prove that the breach of duty caused your injury. For example, you should be able to show that the premises’ failure to clean up or cordon off the wet floor directly led to your slipping and falling.
Showing proximate cause
In order to show proximate cause, you must be able to demonstrate that no other factors were significant enough to cause your injury. In other words, you need to prove that if the premises owner was not negligent, you would not have suffered damages.
It is important to take swift action to assert your rights if you have been injured on a premises in Georgia.