Whenever you are on a business’ premises, it is the duty of its owner – or the property’s owner – to keep you and other patrons safe from harm. In fulfilling this duty, they must keep their premises free from dangers that could cause patrons to injure themselves. Furthermore, they must protect patrons from dangers presented by third parties on the premises.
If a third party injured you on a business’ premises, you may wonder if you can hold its owner or landlord liable for negligence. In Georgia, it is likely that you can.
Understanding Georgia’s premises liability law
Under Georgia law, landowners and land occupiers may be liable for damages if you sustained injuries on their property. To pursue these damages, you must file a premises liability claim against the appropriate party. If your injuries stemmed from an incident on a business’ premises, this will be either its owner or landlord.
How premises liability claims work in cases of negligent security
When making a premises liability claim due to negligent security, you must provide evidence that, had proper security measures been in place, you would have avoided injury. For your claim to have bearing, you must show:
- You were on the business’ premises when you sustained your injury
- The business owner or landlord had the duty to keep you safe
- The business owner or landlord breached their duty to keep you safe
- The breach resulted in your injury
In making your claim, you will also have to show that the business owner or landlord should have foreseen the danger that led to your injury. This could be due to the obviousness of the situation, such as if the party who injured you acted in a suspicious or unruly manner on the premises beforehand. It could also be due to the location of the premises – if it was in a high-crime area – or because similar incidents happened there in the past.
If the negligent security measures of a business owner or landlord led to your injury, you may be entitled to compensation for your medical bills, lost wages and pain and suffering. In fighting for an appropriate settlement, you will want to seek the help of a personal injury attorney.