If you’ve been injured on someone else’s property, you may be eligible to file a lawsuit if certain factors are present. Allow us to explain premises liability law in Georgia, the difference between an invitee and trespasser, duty of reasonable care, and how an experienced premises liability attorney can help.

Premises Liability Law in Georgia

According to Georgia statute, O.C.G.A. § 51-3-1, victims of property negligence can file a lawsuit against the person responsible. The Law states:

“Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.”

Invitee vs. Trespasser

The Georgia statute listed above applies only to invitees of the property, not trespassers. If you are on someone else’s property illegally, you do not have the same protection under the Georgia statute as an invitee. An invitee typically falls within these guidelines:

  • The invitee is legally allowed to be on the property via implied or expressed consent (i.e. season ticket holder in a stadium while a game is in session).
  • There is a component of mutual benefit present between the invitee and individual responsible for the property (i.e. shop owner and customer).

If you are unsure if these guidelines apply to your specific situation, it’s important to talk to a premises liability attorney for clarification.

Duty of Reasonable Care

The responsible individual (property owner, occupier, etc.) has a duty of reasonable care to create a safe environment within and around his property. The creation of safety addresses many different elements such as proper lighting, present security, clear signage, developed landscape, and more. If you were injured on someone else’s property or commercial property, your attorney must prove the following:

  1. A duty of reasonable care existed.
  2. The owner/occupier breached this duty of care.
  3. The victim was injured.
  4. The injury was caused by the breach of care.

Contact the Bushway & Waystack attorneys if you’ve been injured on someone else’s property.