Slip and Fall
Negligent Security and Other Types of Premises Cases.
In the State of Georgia, owners and occupiers of property are responsible for any injury or death caused by a failure to keep their premises and approaches safe. This duty to keep one's property safe is generally referred to as Premises liability. Premises liability is a broad area of the law that includes many different types of cases. The law in this area is extremely complex and often misunderstood by the general public and many lawyers. At The Persons Firm we have extensive knowledge and experience in this area of the law and use our expertise to achieve excellent results for our clients.
The most commonly known premises cases involve slip, trip and fall injuries. The duty of a property owner varies depending on whether the injured person is a customer, a social guest, or a trespasser. Under Georgia law, customers are considered invitees and property owners owe invitees the highest duty of care. As one would expect, property owners have a lesser duty to social guests and nearly no duty to trespassers. Generally speaking, if a property owner knows (or should know) of a hazard on the property and that hazard causes an injury, then they will be held responsible for the injury. Examples can include:
- Food, liquid, or other foreign substance on the floor
- Black ice and other types of snowy or icy conditions
- Buildings with collapsing floors, walls, or roofs
- Falling merchandise
- Uneven sidewalks or curbs, holes, broken handrails, or other such hazards
- Hazards on the property that violate the building codes
- Inadequate lighting
- Swimming pools without proper fences and gates
- Negligent security, assault, rape and homicide victims
Liability in slip and fall and other types of hazardous condition cases is extremely fact specific. Important considerations are 1) how long the unsafe condition existed and whether the owner had time to discover and fix the problem; 2) whether the steps taken to repair the unsafe condition were appropriate or adequate; and 3) whether the injured person was careless or responsible for their injury.
Insurance companies typically take an aggressive stance with premises liability injuries due to the complex and difficult nature of these cases. The Persons Firm founding partner, Benjamin S. Persons, IV is a former insurance defense lawyer that knows how these cases are evaluated and defended. The firm uses our unique expertise to aggressively prepare each case for trial and maximize our client's settlements.
We handle all cases on a contingency basis, meaning we charge no attorney's fees until a settlement or verdict is obtained. To contact us regarding your negligent security case, you can call us for a free consultation at 770-424-5125, fill out our online form, or send us an e-mail.