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Identifying defendants in premises liability cases

Premises liability cases are not always clean-cut cases, as there is sometimes confusion regarding who is the named defendant. Check this with an experienced Atlanta personal injury lawyer.

If the world were as simple as it once was, things might be straightforward and easy when it comes to lawsuits. However, in this complex day and age with multiple property owners, international property owners, lessees, holding companies and other entities who own land, who to sue in a premises liability case is not always clear. It isn’t always the person who caused an accident due to negligence that is directly responsible for a victim’s injuries in a premises liability/slip and fall case.

Some lawsuits in this area may directly involve the person who caused the accident or anyone who refused to render aid, or the property owner and not the manager. The ownership of the land where the accident took place is another issue that comes with its own set of liabilities. Ultimately, that means if a landowner wasn’t around when the accident happened, it doesn’t matter. The person still owns the property and has certain standards he or she needs to adhere to that keep it safe for those who use/visit the location.

What do clients need to prove in a premises liability case? First and foremost, it is necessary prove that the owner or occupier of the property had a superior knowledge of a hazardous condition and also that the plaintiff was exercising ordinary care for his or her own safety. There are other issues as well that determine the duties of the owner/occupier of the property, depending upon whether the plaintiff is considered an “invitee” or a “licensee”. This can be a confusing distinction, as many people consider premises liability law to be hazy. This is one of the major reasons people injured in premises liability cases should take their cases to a skilled Atlanta personal injury lawyer.

Premises liability isn’t really that difficult to understand in and of itself, as it simply means, with all the legal jargon stripped away, that a person needs to keep his or her property safe so others don’t get injured. That’s pretty straightforward. Where the rubber meets the road at times is in figuring out who actually owns a piece of property in order to name them as a defendant.

Tim Anderson writes for Atlanta Personal Injury attorney, Stephen M. Ozcomert. The firm specializes in personal injury, malpractice, motorcycle accidents, and wrongful death. To learn more about Atlanta personal injury lawyer, Stephen M. Ozcomert, visit Ozcomert.com.