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Premises Liability

What is premises liability?


If you own a home or business, you are bound by a concept called premises liability. It means that when someone enters the property you own, they have a reasonable expectation that they will not sustain injury. To ensure this, you are responsible for keeping the property free of hazards.


For example: You know that your front walk is horribly cracked and have taken no steps to repair it. The mail carrier trips over the crack, falls and sustains an injury while delivering your mail. That person may have a valid claim should they choose to sue you for damages.


There is a wide range of accidents that are covered under the umbrella of premises liability. The above example certainly falls into the category, as would an injury sustained in a retail store.


In some instances, the condition of your property and the status of the victim are both considered. For instance, if someone slipped and fell on your ill-maintained property and they were intoxicated at the time of the incident, you may share fault. If someone was engaging in horseplay on your well-maintained property, they may not have a valid claim.
When a person is injured in Atlanta on the property of another, they should seek the advice of an experienced premises liability attorney in help determining whether or not they have a valid claim for damages. An attorney can review the details of the accident and help a victim understand if they have the legal elements necessary for a successful case.