Duty of Care & Proving Premises Liability
While many personal injury victims are certain that others are responsible for their pain and suffering, many of them become frustrated and disappointed in their lack of ability to prove it in court. Nowhere is this more common than in premises liability cases, where victims are hurt due to dangerous conditions on someone's property. In order to curtail fraudulent claims, Georgia law requires very specific circumstances be proven in court before proceeds can be awarded to an injured visitor of a property—and even for legitimate claims, these circumstances can be sometimes difficult to prove.
In understanding the requirements of your premises liability suit, it's first critical to know which classification of visitor Georgia law defines you as. The law breaks all visitors into four categories: children, trespassers, licensees, and invitees. For these purposes, licensees are defined as visitors who are allowed to be on the premises, like social guests, and invitees are generally considered customers.
Each of these kinds of visitors are then assigned a certain "duty of care" by the law. Duty of care, in simple terms, is the level of responsibility the property owner owes to the visitor's safety. As you might imagine, much of proving fault in a premises liability case hinges on the presence of duty of care.