Premises liability can incur owners/operators heavy financial damages if an invited third party is injured due to their negligence or recklessness. In order for the owner/operator to be liable for damages, however, he or she must have failed to exercise reasonable care in preventing an accident that has caused property, physical or emotional damages to an injured third party.
What is Reasonable Care?
Reasonable care in premises liability claims is defined as the level of caution and concern for the average person, exercised by the premises owner, which if correctly followed, will in virtually all cases present the user of the premises with a low level of becoming injured.
What if Reasonable Care is Violated?
If reasonable care, also known as breaching their duty of care, is violated by the premise owner/operator, the invited person may be entitled to damages they sustained because of the breach.
If you have been to a person’s home, shopped at a retail outlet, have golfed on a public or private golf course among other public or private premises and you have been injured, you may have a claim against the owner/operator if the business and property. The only way to determine if you have a Georgia premises liability claim is to speak with a Rest Haven accident attorney. Shane Smith Law offers you the ability to have a free consultation with an experienced Gwinnett County PI attorney. Call our offices at (980) 246-2656 today!
What Damages are Available?
If someone is hurt due to the negligence or recklessness due to a breach of duty of care, there may be one or more type of damages available. If you incur medical costs that is one type of damages available in a Gwinnett County premises liability claim. There are many types of medical damages including:
- On-site, ambulance and ER medical treatment
- Projected long-term treatment (prescription, rehabilitative, physical therapy, etc.)
- Follow-up doctor visits
Along with the medical care you receive from the scene of the accident, the emergency medical treatment and the projected medical treatment, you may also be entitled to compensation for pain and suffering from a Georgia premises liability accident. Depending on what type of injuries and how severe the injuries you sustain, you may have many types of claims including:
- Lost wages
- Loss of enjoyment of life
- Pain and suffering
Premises Liability & Recklessness
If the owner/operator is found guilty of being reckless in the course of their maintenance or operation of their premises, there may be additional damages available during a Georgia premises liability claim. Punitive damages are built into the law to “punish” the owner/operator for knowing about conditions that would contribute to injuries or fatalities on the premises through normal use.
If you have been injured on the premises of any type of property where you have been implicitly or explicitly invited to and have been injured or have had a family member killed, don’t want to call your Gwinnett County accident attorney Shane Smith to make sure your legal rights are protected. Shane Smith Law’s free consultations will enable your Gwinnett County injury attorney to evaluate your case and see what you are entitled to. Call (980) 246-2656 to see what you are entitled to!