Several specific rules apply to Georgia premise liability claims. These rules can restrict the admission of valuable evidence and detract from your case. To avoid these pitfalls, you should consult with an experienced Georgia premise liability lawyer as soon as possible. Dozier Law’s attorneys are waiting to speak with you about your case, and your initial consultation is free.
What Is Georgia Premise Liability?
Georgia premise liability requires that the owner or the occupier of a property – a residence, business, or land – keep the property reasonably safe. This obligation includes the requirement to notify or warn others of any dangers on the property and maintain the premises in a safe state of repair. If they fail to do so, they can be subject to a lawsuit seeking damages for injuries suffered on their premises.
Georgia premise liability law is comprehensive, and it covers everything from slip and falls to structural defects. In practice, this law applies to any unsafe condition on the premises, including dangerous stairs, wet floors, animals, uneven floors, walls, or any other defect likely to cause an injury. In short, if you are injured while on the property of another, you may have a premise liability claim.
Evidence Restrictions In Georgia Premise Liability Claims
One example of the specialized rules that apply in Georgia premise liability cases is the rule against using evidence of repair as an admission of fault. If you have been injured on another person’s property and are pursuing a premises liability claim, evidence that the landowner subsequently repaired the defect that led to your injury is not admissible in court as an admission of fault. This strikes some people as illogical. After all, you are claiming that a specific problem on the property led to your injury, and the landowner apparently agrees as he fixed the situation that caused the injury.
Nevertheless, the Georgia Code of Civil Procedure, which applies to claims involving premise liability, specifically excludes the evidence of the repair to prove fault. The federal government also excludes evidence of the repair to prove fault. There are two reasons why this evidence may not be admitted to prove fault. First, it is not technically an admission. Second, it is based on the social policy of encouraging individuals to repair potentially hazardous areas to decrease the likelihood that another person is injured.
Still, this evidence may be admissible on other grounds. An experienced Georgia Premise Liability lawyer will be able to admit evidence of the repair to prove control of the premises, the existence of a duty, or how practical it would have been to repair the problem. Dozier Law’s lawyers are ready to discuss the specifics of your premise liability case, answer all your questions, and advise you on the best possible course of action.
The personal injury attorneys at Dozier Law are well-versed in premise liability laws – those laws that relate to injuries on someone’s property. We are focused on helping injured clients get compensation in insurance claims or lawsuits. We will carefully review your circumstances and provide you with valuable information regarding your legal options. Most claims like these are handled by Dozier Law on a contingency fee basis. We do not charge attorney’s fees unless you obtain compensation in your lawsuit or claim with this type of arrangement. To consult with Dozier Law’s skilled Georgia premise liability lawyers, give us a call at (888) 239-2129 or contact us online.