Catoosa County Premises Liability Lawyer 

When a property owner fails to provide a safe environment for visitors because they did not take reasonable care of his or her premises, he or she could be held liable in court if an accident occurs. The various premises liability laws codified under Georgia state law may be used to hold property owners responsible for their negligence.

If you or a loved one were injured on another person’s business, home, or property, you may be able to seek compensation with help from one of our dedicated personal injury attorneys. In the wake of an injury stemming from the negligent actions of property owner or manager, a Catoosa County premises liability lawyer could discuss your options with you and help you pursue the best one for your situation.

Classification of Visitors in Catoosa County

As per Official Code of Georgia §51-3-1, property owners have a legal obligation known as a duty of care to keep their premises reasonably safe for use by customers, tenants, patrons, and licensees. For example, premise owners must take steps to prevent hazards like building code violations, unmarked steps, falling merchandise, and insufficient fire safety.

However, the status of a visitor could play a significant role in determining if the owner is legally liable for an accident on their land. For the purposes of premises liability cases, visitors fall under one of three categories:

  • invitees
  • licensees
  • trespassers

A Catoosa County premises liability attorney could help a plaintiff identify which categorization might apply to them.

Invitees, Licensees, and Trespassers

The legal definition of an invitee is a person who lawfully enters privately owned land at the implied or express invitation of the entity or person who owns or occupies the property or business. For example, a customer at a retail store is an invitee to the business, and any injuries a customer suffers from both known and unknown hazards are the legal responsibility of the owner.

A licensee is a person who enters a property for their own reasons, such as a repair technician or landscaper. As they do for invitees, property owners also owe licensees the duty of keeping their property well-maintained and warning them of any dangers that are not obvious. However, he or she is not liable for harm that comes from unknown hazards that appear during their work.

Contrary to invitees and licensees, trespassers do not have implied or expressed permission to enter private property. The only duty a property owner owes to a trespasser is to not willfully, intentionally, or wantonly cause them harm. The exception to this rule is if the trespasser is a child, in which case the property owner owes the same duty of care to the child as he or she would to an invitee.

Proving Liability in Catoosa County

To prove fault in a Catoosa County premises liability case, the plaintiff must demonstrate the property owner had prior knowledge of the dangerous condition or environment that caused the accident in question and failed to address it in a timely manner. In addition, a Catoosa County premises liability lawyer could work to prove that the dangerous condition existed for a long enough time that the defendant should reasonably have had constructive knowledge of it.

To sum up, the following criteria must be met in order for a premises liability lawsuit to be valid:

  • The defendant is an occupier or owner of the land on which the accident occurred
  • The plaintiff is an implied or express invitee or licensee
  • The accident occurred directly due to the failure of the defendant to care for the premises

Consult with a Catoosa County Premises Liability Attorney Today

Determining and proving premises liability can be a difficult process. It could be especially difficult when for victims when significant financial strain is tacked on to associated physical and emotional trauma following a serious injury.

By hiring a Catoosa County premises liability lawyer, you could begin working towards compensation with a vehement and knowledgeable professional by your side. Schedule a consultation with one of our skilled attorneys today to begin building your case.