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Premises Liability

Under Georgia premises liability law, those who own, rent or manage commercial and residential properties are under a duty to ensure their buildings and grounds are safe.  As such, injuries and deaths occurring on others’ properties frequently give rise to meritorious claims.

In general, plaintiffs asserting premises liability must prove that the property owner or tenant in possession failed to properly maintain the property, created an unsafe condition, knew about the hazard but did not provide warnings, or was otherwise negligent in some way that caused or contributed to the injury or death.

There are many different contexts and types of occurrences which give rise to premises liability claims.  A few of theseare:

  • Construction or other work sites. While injured workers or their families may be eligible for some benefits from the “no fault” workers’ compensation system, such benefits are often not the only remedy available. Although employers usually cannot be sued for their employees’ on-the-job injuries,  other persons and corporations can in many instances be held responsible in court for the same acc as to which the employer is immune from liability.  For example, at any given construction site, development companies, architects, engineers, general contractors, government inspectors, equipment suppliers, and subcontractors may all have independent legal obligations to maintain safe conditions, timely identify and correct hazards, or prevent dangerous practices.  Therefore, injured workers and their families should not assume that they are limited to whatever  benefits can be obtained through the workers’ compensation system.
  • Crimes in apartment complexes.