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Premises Liability and Guests

While we may not realize it, the most dangerous thing that can happen is to be involved in a slip and fall accident on someone else’s property. If negligence plays a part in the cause of the accident, a lawsuit may follow.

It’s interesting in a way to note that people are quite upset about the thought of being victims of violent crime; fear of getting trapped in an elevator; live in horror of a plane crash; or of dying in a vicious hurricane. While these things can and do happen, they don’t happen as often as people taking a hard tumble on someone’s improperly maintained property. “In other words, often the most dangerous things to people on a personal injury level are those that happen as the result of a slip, trip and fall on another person’s premises. This usually happens when people least expect it as well,” commented Stephen Ozcomert, an Atlanta personal injury attorney.

When dealing with premises liability law, a property owner or manager of that property may be held liable for injuries that happen to guests while they are on that property. Pay attention to the use of the term “guest” when it comes to premises liability cases. Guest may mean a salesperson, customer, client, house guest or even a trespasser. What term is used depends on what a property’s purpose is and what it is used for. “If someone has sustained injuries as a result of a slip, trip and fall accident on someone else’s property, it is a good idea to speak to a highly skilled personal injury attorney about what their rights are. Not every fall has the elements needed to present a case in court,” Ozcomert added.

What the attorney needs to look at is the property in question where the accident took place to determine if there was continuous and proper maintenance. “This is crucial to any premises liability case simply because the lack of or failure to perform proper maintenance has the potential to create preventable hazards for people on the property in question,” said Ozcomert. There are some cases where even if certain properties are properly maintained, such as swimming pools, there will always be the risk of drowning or other injuries.

The most common premises liability cases tend to revolve around incidents like exposed electrical wiring; porches or stairways collapsing; scald burns; falling tree limbs; uneven ground; impalement possibilities on projecting objects; carbon monoxide poisoning; and fire as a result of hot water heaters or improperly vented appliances or fireplaces.

If fatal injuries resulted from a fall or an individual developed a deadly illness due to conditions found at a property, or sustained other serious or permanent injuries, there is the possibility of filing legal action.

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The law offices of Stephen M. Ozcomert specialize in personal injury, accidents, and malpractice law in Atlanta Georgia.

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