In a premises liability case, Georgia law holds that a plaintiff cannot recover damages if he or she had “equal or greater” knowledge of a hazard relative to the defendant. In other words, if you know there is a dangerous condition on someone else’s property and, in spite of that…
Premises liability refers to a property owner’s responsibility for certain torts that occur within said property. A common example is a slip-and-fall accident. Let’s say you are shopping and slip on a puddle of water in the middle of the store, causing you to fall and injure yourself. The store…
A homeowner’s insurance policy offers important protections for both property owners and individuals who may suffer a personal injury on the subject property. But the precise scope of coverage depends on the language of the policy. For example, many homeowner’s policies exclude coverage for injuries suffered by tenants who rent…
While many premises liability claims are based on the existence of a physical hazard—i.e., a customer slips and falls on a puddle of water—there are also cases in which a property owner may be liable for the criminal acts of third parties that cause personal injury to a patron. Recently,…
One of the most common types of personal injury claims against the owner of a business or other premises is the “slip and fall.” Essentially, there is a hazardous condition on a given property that causes a visitor to slip, fall, and suffer some form of serious injury. Under Georgia…
A homeowner’s insurance policy typically covers the policyholder’s liability for personal injury claims that occur on the property. For example, if someone slips and falls in your home and subsequently sues you, your homeowner’s insurance policy will pay for any damages. But not every injury that occurs on a property…
If you are injured on someone else’s property, the owner may be liable for negligence. This is known in Georgia as “premises liability.” A common type of premises liability occurs when a customer slips and falls in a store due to a hazardous condition. If the store had “superior knowledge”…
Georgia law prohibits individuals from carrying “weapons” in any public school. There are exceptions for law enforcement who need to carry firearms in carrying out their official duties. But the Georgia legislature has made it clear that schools are supposed to be “gun free zones.” Boatright v. Copeland There was…
In a premises liability case—that is, a personal injury lawsuit arising when someone is injured on another person’s property—the plaintiff must generally prove that the property owner possessed “superior knowledge” of the defective condition that caused the alleged injury. In other words, the danger must be known to the owner…
Can a property owner be held liable for persons injured due to gang-related activity on or near their premises? The Georgia Court of Appeals recently addressed this question. The appeals court was asked to review a $35 million verdict issued against a popular Cobb County theme park after a man…