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Premises Liability

Premises Liability

Premises liability deals with the breach of the duty owed by an owner or occupier of land to protect people, on and off the premises, from dangerous conditions and defects on the property. Premises liability is a form of negligence in which the owner has a duty to exercise reasonable care in the management of the premises and to avoid exposing persons to an unreasonable risk of harm.

Examples of premises liability claims include:

  • Slip and fall
  • Animal bites
  • Assaults and attacks

A “Slip and fall” is the most common form of premises liability cases.  These incidents occur quite frequently, and are often caused because the property has been negligently maintained in unsafe condition.  Common conditions giving rise to slip and fall incidents include wet floors, slippery surfaces, uneven floors or steps, cracked sidewalks, torn carpeting, poor lighting, dangerous conditions caused by weather conditions, as well as a variety of other conditions.  The injuries from a slip and fall can be very serious for the victim and can result in severe pain and suffering.  Substantial medical treatment, inability to work, and permanent physical impairment or disability can result from unsafe conditions caused by negligent property owners.

Premises liability claims also involve injuries caused by animal bites, most commonly dog bites.   An individual can sustain severe injuries as a result of being bitten by an animal that is dangerous, unsupervised or not properly trained by its owner.

Another type of premises liability claim involves assaults caused by the failure to provide adequate security for a property.  Rape, murder, and other serious injuries can result from negligent security and/or a failure to effectively guard against dangers caused by known criminal activity in the area of a commercial building, apartment complex, hotel, motel, store, or any other business premise. When people come to a business establishment unaware of the criminal activity that has occurred near or on that property, it poses special risks for the unsuspecting tenants, employees, customers or renters who come to that place of business for a business purpose. Georgia law requires landowners and occupiers to routinely inspect the premises they own or occupy to discover any danger that exists, to warn their tenants/employees/customers (their “invitees”) of known dangers, and to undertake reasonable precautions to guard against injury to their invitees BEFORE injury results. Flynn & Gottlieb’s attorneys have successfully prosecuted cases involving apartment rapes and serious injuries caused by the failure of landowners or occupiers to fulfill these responsibilities.

The attorneys at Flynn & Gottlieb represent individuals in premises liability lawsuits who have been injured due to the negligence of landowners, occupiers, and businesses that failed or refused to make the premises safe, whether the dangerous condition existed on public or private property. We have successfully tried many premises liability cases, and understand the legal requirements of proving these cases, enabling us to establish early on that we will prevail at trial and many times encouraging the opposing side to settle the case without trial.

If you or someone you love has been injured or killed in a premises liability accident, please contact one of the experienced attorneys at Flynn and Gottlieb for a free consultation.  We will be happy to evaluate your potential claim and advise you as to your legal rights and options.