Making sense of “what is premises liability?” and determining whether or not a Georgia premises liability attorney is needed for your case can be intimidating. In summary, premises liability generally requires a claim by an individual who is injured on the property of someone else. The injured individual can bring a claim against the owner or party controlling the property during the time the individual incurred the injury. In this article, G. Briceno will be walking through how to prove premises liability and what the statute of limitations are for these types of cases within the state of Georgia.
Every case is different, and not all property owners or managers can be deemed liable for injuries that occur on their property. In order for a plaintiff to prove premises liability against the defendant, they will have to prove multiple benchmarks in order to build a case. A G. Briceno Georgia premises liability attorney will be able to help determine if a case truly falls under premises liability.
What Is Needed to Prove Premises Liability Georgia Law
In order for the court to hear a case, the plaintiff will have to prove a total of 4 items to meet premises liability Georgia law. It is important to note that just because the individual sustains an injury on the property of someone else does not mean they have a premises liability case against another party.
- A Standard of Care Had Existed
Before building a case against anyone, the plaintiff must be able to prove that there was a standard of care required from whoever owns or manages the premises. Not all parties involved with a property are subject to premises liability, and in the state of Georgia, there are different levels of responsibility and liability assigned to varying parties involved. A G. Briceno Georgia premises liability attorney will take their time reviewing the parties involved to make sure the best course of action is taken regarding the case.
- The Standard of Care Was Breached
Once the plaintiff proves the standard of care was existing and established, they then must prove that the standard of care was actually breached by the owner, manager, or another party involved with the property. The way to achieve this is to prove that the plaintiff’s injuries were truly caused by the unsafe conditions on the property and that those injuries incurred were the direct result of the defendant party’s negligence. This can enter a gray area due to the fact that premise liability Georgia law is incredibly nuanced and complex.
- The Plaintiff Incurred Damages or Injuries
After the plaintiff is able to prove the standard of care was indeed breached, the next step in the case is to prove that sustained injuries were sufficient enough to result in damages (victim compensation). Premises liability Georgia law requires that the injuries and damages incurred to the plaintiff on the property of another reach some level of compensation. For example, if a victim slipped on spilled juice at a grocery store where there was not a “wet floor” sign, but did not incur serious medical injuries from the slip, their case may not be enough to prove premises liability against the grocery store owner.
- The Plaintiff’s Damages or Injuries Were Caused by the Defendant’s Negligence
Following the plaintiff proving that their damages or injuries were enough to result in damages, they must be able to prove that the defendant’s lack of action or care regarding the property was the proximate cause of the sustained injuries. Simply put, the existence of an unsafe space does not constitute premises liability. There must be proven negligence on the part of the defendant. If a plaintiff can successfully prove these four things with the help of G. Briceno, a Georgia premises liability attorney, they will have grounds for a strong case against the defendant in court.
What Is Premises Liability’s Statute of Limitations In Georgia?
To start, the statute of limitations for any case is simply the amount of time a plaintiff has to file a personal injury claim seeking compensation for their damages. After the statute of limitations has passed, the plaintiff no longer has the right to take legal action regarding the incident. Once the incident occurs, the clock immediately begins to count down for limitations.
In the state of Georgia, the statute of limitations for any personal injury case is a maximum of 2 years starting from the date when the incident occurred. All premises liability cases in the state of Georgia fall under the personal injury category. With this being said, the time a plaintiff has to seek compensation for the damages attached to their premises liability case is, again, two years from the date of the incurred injuries or damages.
In the event that the plaintiff does not file a claim within two years of the date of the sustained injuries or damages, their case will most likely be dismissed by the judge. The defendant is also able to file a motion to dismiss the plaintiff’s claim after the two-year statute of limitation is up. Courts take the statute of limitations incredibly seriously, which is why a G. Briceno Georgia premises liability attorney will encourage a plaintiff to move swiftly after an incident has occurred to them.
Does the Statute of Limitations for Premises Liability Georgia Law Have Any Stipulations?
While the two-year rule for filing a claim is set in stone for almost every Georgia resident, there are two instances where the statute of limitations bends. Below are the two reasons why a judge would consider a change to the statute of limitations under premises liability Georgia law.
- The plaintiff is under the age of 18 at the time of the incident.
In this case, the plaintiff may have more time to file a claim against a defendant. The two-year statute of limitations begins on the day of the minor’s 18th birthday instead of the day of the incident. The caveat here is that the legal guardians must file a claim within two years of the date of the incident for medical costs only.
- The plaintiff is legally incompetent.
In this case, the plaintiff’s statute of limitations is “tolled” until they reach competency. Most individuals who are legally incompetent never reach competency, but this clause is in place to protect those who suffer from mental illness or who have a physical disability.
Why You Need A G. Briceno Georgia Premises Liability Attorney On Your Side
Unraveling the question of “what is premises liability?” and making sense of the needed proof for a premises liability claim is never an easy task. G. Briceno hopes that this article sheds light on what exactly is needed from a plaintiff in this situation and why it is so important to file a claim within the statute of limitations for personal injury claims in the state of Georgia. If you have any questions regarding premises liability or personal injury cases, please contact G. Briceno, a Georgia premises liability attorney, today!