The Unique Nature of Atlanta Premises Liability Cases
Accounting for the unique nature of Atlanta premises liability cases is something attorneys do often. With the right legal help, you could receive a financial recovery and have someone on your side who has experience dealing with unexpected legal roadblocks.
How Is Premises Liability Unique?
Premises liability, in many ways, is similar to other types of personal injury cases. One exception, however, are the doctrines of law that arise in a premises liability case that do not arise or arise less frequently in typical personal injury cases. One such legal doctrine is the notion of shared negligence. This doctrine is often offered by wrongdoers in an effort to mitigate their share of fault.
Other unique defenses often center around claims that the hazardous object or area was “open and obvious”. Frequently, owners or occupiers of land argue that if the person injured had knowledge of the condition and nonetheless was injured, that he or she should have done something differently.
In addition to these common defenses, there is a legal distinction between the people who enter a property which could bar or hinder a victim from recovering compensation.
Depending on victims’ legal status, landowners are assigned a different level of responsibility or at least a different degree of duty. For example, if an injured person was deemed a trespasser, he or she would likely not be able to recover compensation from the property owner. Conversely, if the victim was legally regarded as an invitee or licensee, he or she could have a claim for negligence against a property owner.
The Duty of Care All Property Owners Must Exercise
The law recognizes that property owners in Georgia have different levels of care towards others. That degree of care is dependent on whether or not a person on a property is either a licensee, invitee, or trespasser.
With an invitee, the duty of care is high. This does not necessarily mean that a landowner or occupier is liable simply because someone was hurt, however. For a licensee, property owners have a duty of care to people on the premises as well. One distinction, however, is that invitees generally are owed a higher duty of care than licensees.
Trespassers are regarded as owed the least amount of care by property owners. This does not mean that a trespasser is completely barred from recovering compensation. Attorneys with cutting-edge technology and an in-house doctor could evaluate the nuances and legal definitions a victim falls under to see if they could recover compensation.
Defend Against the Unique Aspects of an Atlanta Premises Liability Case with a Lawyer
The unique nature of Atlanta premises liability cases means that victims need to pair with attorney who could place victims’ needs first. Call today to speak directly to an attorney who stands ready to review your case for free and take calls at all hours.
With the help of an in-house medical professional and cutting-edge technology, attorneys could work to provide you with a favorable courtroom or settlement outcome.
