Mark Casto | December 16, 2024 | Personal Injury Lawyer Near Columbus Georgia
In simple terms, personal liability involves wrongful actions, while premises liability focuses on hazardous conditions on someone’s property. For example, if you run a red light, hit another car, and cause someone to break their leg, that’s personal liability. On the other hand, if a stairway railing in your home collapses, causing a guest to fall and suffer a broken hip, that’s premises liability.
As with most legal concepts, however, the distinctions are not always clear-cut. Some cases blur the lines—for instance, if a negligent employee fails to remove ice from a grocery store parking lot, leading to a guest slipping and breaking their hip, both personal and premises liability factors may come into play.
Premises Liability
There are countless ways to get injured on someone’s property, whether it’s in a private home, a business, or another location. Some common examples include:
- Exposure to hazardous chemicals
- Falling objects (e.g., at construction sites)
- Fragile stairway railings
- Icy or slippery porches
- Cluttered walkways
- Curling or loose carpeting
- Aggressive dogs
- Potholes in parking lots
- Torn rugs
- Uneven flooring
- Wet, slippery floors
However, not every dangerous condition leads to premises liability for the property owner. For instance, if a restaurant guest slips on a wet floor where a drink was spilled just moments ago, the owner may not be liable. A brief delay in cleaning a spill (such as 10 seconds) is unlikely to trigger liability for premises negligence.
Invitees, Licensees, and Trespassers
In Georgia, the law distinguishes between invitees, licensees, and trespassers when it comes to property liability.
- Invitees: Invitees are individuals on your property for a purpose that benefits the owner—such as a customer at Walmart. The property owner is required to identify and either repair or warn of obvious hazards and must also inspect for non-obvious hazards, addressing any found.
- Licensees: Licensees are individuals on the property for their own purposes, which do not necessarily benefit the owner—like a door-to-door salesperson. The owner must warn of any non-obvious hazards and avoid willfully causing harm.
- Trespassers: Trespassers are individuals who enter the property illegally. While owners generally owe them no duty of care, they are still prohibited from intentionally harming trespassers. In certain cases, such as with attractive nuisances like swimming pools, property owners may be held liable if a child is injured while trespassing.
Ultimately, property owners must understand their responsibilities based on the status of the individual on their land to avoid potential liability.
Personal Liability
Personal liability arises from wrongful actions or omissions—either doing something one shouldn’t or failing to do something one should. Importantly, the person who committed the wrongful act isn’t always the one held responsible under the law.
Under Georgia law, personal liability falls into several categories:
- Negligence: Careless actions, such as texting while driving, that result in harm.
- Intentional torts: Deliberate acts, such as locking a spouse in a bathroom during an argument.
- Strict liability: Responsibility for harm regardless of intent, such as manufacturing a dangerous pharmaceutical.
- Vicarious liability: Situations where an employer may be held accountable for their employee’s actions under certain conditions.
Understanding the various forms of personal liability is essential for identifying who may be held legally responsible and ensuring that injured parties receive the compensation they deserve.
Negligence: A Deeper Dive
Negligence is one of the most common forms of personal liability, with car accidents often being the most frequent example. To establish liability for negligence, you must prove the following four elements:
- The defendant owed you a duty of care.
- The defendant breached that duty.
- The defendant’s actions caused the harm you suffered.
- You suffered actual damages.
Each of these elements must be proven on a “more likely than not” basis to establish negligence and secure compensation for your injuries.
Do You Need a Personal Injury Attorney? Act Now.
You may not know the true value of your claim or whether you even have a valid personal injury case without a free consultation with a local personal injury attorney. At Mark Casto Personal Injury Law Firm in Columbus, GA, we are committed to fighting for your right to full compensation. With our contingency fee arrangement, you pay no attorney’s fees unless we win your case. Contact our team today to schedule a free consultation.
Contact the Columbus Personal Injury Lawyers at Mark Casto Personal Injury Law Firm Today
If you were injured in an accident in Columbus, GA, and need legal help, contact our Columbus car accident lawyers at Mark Casto Personal Injury Law Firm to schedule a free case review today.
Mark Casto Personal Injury Law Firm
233 12th St #808
Columbus, GA 31901
(706) 940-4030