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How liability for an injury on a premises is established

On Behalf of | Feb 27, 2020 | Personal Injury, Premises Liability |

If you were recently injured on a premises in Georgia, you may have suffered financial damages in addition to significant pain and suffering. If this was the case, you will likely be wondering whether you can take legal action against the responsible party so that you can gain back the damages you are owed.

This can be possible to do in many cases, but to be successful you will need to prove that the party you are taking action against was liable for your injuries. If you are unsure whether the premises in question was liable for your injuries, take the time to better understand the law.

Understanding your legal status as a visitor

Determining your legal status as a visitor to the premises is important when establishing whether you can take legal action as a result of your injuries. In most cases, the premises owner will have had the duty to keep you reasonably safe during your time on the premises.

For example, if you were an invitee to a house party, you were openly invited onto the property of another. If you attended the house party and you were attacked by a vicious dog, suffering injuries, you will likely be able to take legal action against the premises owner, since they should have kept you safe.

The situation is similar when you are visiting a restaurant, a retail store or a shopping mall. You are a welcome guest, and the owners, therefore, must do everything reasonably possible to ensure your safety while on the premises.

Your right to be kept safe on a premises comes into question when you are a trespasser, however. If you are trespassing on land and become injured, or if you are in a home or property when you are not welcome, you may not be able to take legal action in the event of you becoming injured. In most cases, if a child is injured when trespassing, damages can be sought regardless.

If you or your child were recently injured on a public premises in Georgia, you may be able to gain significant damages as a result of the pain and suffering caused. Make sure that you take swift action to learn whether you have a claim.


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