Personal injuries that occur on a specific property can leave the injured party eligible to seek financial compensation if certain material case facts are present. How an accident produced an injury occurs is as important as where it happened in all instances because of comparative negligence law.
Georgia comparative fault law holds that anyone who is at least 50% responsible for the accident injury cannot collect any financial compensation, and 50-50 cases are very common when the injured party does not retain an experienced premises liability lawyer Savannah GA.
Premises liability injury cases are always defended vigorously even when they are obvious because a jury could find the injured claimant largely at fault when the comparative negligence percentage is determined. This percentage is then used to reduce the total claim value when the case is finally adjudicated. This means that taking a case to court can result in significant savings for the defendant, if not outright dismissal of the case.
Landlord/Tenant Responsibility and Premises Liability in Georgia
Many premises liability claims stem from occupying property that is owned by one individual or a company and leased by another party. This does not mean that both parties are automatically liable in any given situation. Sometimes the tenant is responsible, and sometimes the landlord may be responsible when the property is unsafe and those conditions contributed to the accident injury. Tenants also typically have the responsibility to inform landlords when property is deteriorating as well. These claims can be intricate complicated cases, and this scenario is common in slip-and-fall or tripping accident injuries happening at a place of business or when visiting someone anywhere. Both the landlord and the tenant could possibly be liable when the injury occurs at a place of business or apartment complex based on material case facts.
Private Property Claims
Unlike injuries that occur at places that are open to the public, accidents that occur on individual private property often require the injured party to have legal access to the location where the injury happened. Trespassers are commonly denied the standing to file an injury claim, but property owners also cannot intentionally set traps or hazards that result in the injury even when an injured party is trespassing. There are also specific rules for providing protections against children being hurt when they trespass as well. Standing usually is determined by whether the injured party is an invitee, a licensee such as a mail carrier, or a minor child.
Public Property Premises Liability
Injuries that occur on property maintained by a government agency or other organization that allows public access could potentially be subject to different rules of limitations regarding time and insurance coverage, especially when a government agency is responsible. These cases can be complicated as well, and filing time frames typically expire quicker than in a private property liability claim.
Comparative Negligence in Premises Liability Claims
Just as in an automobile accident, all injured claimants in a premises liability claim are assessed for personal contribution to causing the injury. The legal term used in premises liability claims is reasonable assumption of personal risk, and it is a common defense in certain cases. Many times a property that is posted with signs such as a no trespassing warning can establish the plaintiff as being responsible for their own injury. In addition, even a valid injury claim can still be reduced or even dismissed when it can be proven the claimant was 50% or greater at fault for their own injury.
Contact a Premises Liability Lawyer Savannah GA
It is important to remember that premises liability injury claims are always defended vigorously by the defendants and their insurance companies. Never handle an injury claim personally. Always call an experienced premises liability lawyer Savannah GA with a strong track record of results for their injured clients.