This law refers to landowners and tenants are held responsible when someone enters onto their property and gets hurt due to any dangerous condition. An exception to premise liability claims are based on the negligence of the homeowner or tenant. The most common type is a slip and fall accident. Lawsuits can also result from injuries caused by a vicious animal bites, violent customers or guest and in some areas broken elevators, fire damage, water damage, food poisoning, and home invasion. Workplace injuries commonly referred to as Workers’ Compensation is also a type of premise liability action although it is governed by the Georgia State Board of Worker’s Compensation.
- Animal Bites
A person that has been bitten by an animal may have legal rights to recover any damages caused by the animals owner or responsible party. You must first seek medical attention immediately. If left untreated the animal bite can cause serious injury, infection and sometimes death if the animal was diseased. Once evaluated seek a lawyer to determine if you have a legal claim and see what damages you may be able to recover. Try to have detailed information about the attack, the animals owner and contact information and any witnesses
- Food Poisoning
When a person consumes certain bacteria or a virus that contaminates the food eaten.
- If foods aren’t stored at the proper temperature
- If foods are prepared by unclean hands
- If foods are prepared with unclean cooking utensils
- If fruits and seafood is raw
- If the meat is undercooked
The symptoms of food poisoning can occur anywhere from 2 to 6 hours and can last up to 48 hours. This includes headache, vomiting and nausea, fever, and weakness. Stay hydrated as much as possible by consuming fluids. A claimant must prove the food consumed was the same food that was contaminated and made you ill. It is easier to prove if many other people consumed the same food and presented the same issues.
- Fire Damage Liability
Your policy should cover the insured in any case of liability due to the negligence that may cause fires to spread to another person’s property. The tenants coverage should include the property and (garages) if it is applicable. This is in addition to the coverage provided to the insured policy holder in the care, control and custody (CCC).
- Water Damage Liability
Water is essential to our everyday living, but can be a pain when it causes serious property damage. Your neighbor may not be responsible for damages to your property if there are naturally occurring conditions. For example if your neighbor is at a higher ground and excess runoff of rain damages your garden. Your neighbor will most likely not be responsible. If your neighbor does any changes to their landscaping and causes the excess runoff to damage your property, you may be able to receive some recourse from this occurrence. There are three different type of laws that may allow you to seek liability on your neighbor for surface water damage to your property.
- Civil Law Rule: this is also referred to as the Natural Flow Rule, which imposes liability on any landowner that changes the natural flow of the surface water across the land.
- Common Enemy Rule: This rule treats rainwater and other natural sources of water as a common enemy to landowners. Each landowner is expected to protect his or her own land from surface and rainwater. Under this modified rule you may still be able to hold your neighbor liable for damages to your property.
- Reasonable Use Rule: If your neighbor alters their land or property and damage if inflicted upon your land or property from surface water, then your neighbor is liable for any damage if the alteration was deemed unreasonable. You would need to show proof that your neighbor altered something to their land or property that was unreasonable and changed the natural flow of water onto your property. Below are some general factors to help your case:
- The comparison of the damage to your property versus the increased use of value to your neighbors property.
- How important was the alteration to the property. Ex. the alteration to your neighbors property was to save their home.
- The increased damage from surface runoff was reasonably foreseeable to your neighbor at the time of the alteration.
- Careless water damage is often the result of simple accidents and forgetfulness of the responsible party. An example would be a broken hose, leaky sprinkler head, frozen or burst water pipe, and clogged rain gutters.
Check your insurance policy to see if you’re covered and what covers your neighbor in any event you cause property damage to other neighbors.
- Home Invasion
Home invasion is an unauthorized and forceful entry into someone dwelling. This crime is governed by state law, and varies state to state. This can be broken down into three degrees.
- A person who breaks and enters without permission with the intent to commit a felony, assault, or larceny in a dwelling with a lawfully present person is in the first degree. This is a felony punishable by imprisonment for not more than 20 years or a fine not more than $5,000.00 or both.
- A person entering a dwelling without permission and he or she commits a felony, assault, or larceny is guilty of home invasion with loaded or unloaded weapon (operable or inoperable), knife, brass knuckles, or any object used to cause bodily injury or death with the intent to cause a felony, larceny, or assault with other party is lawfully present in the second degree. This is a felony punishable by imprisonment for not more than 15 years or a fine not more than $3,000.00 or both.
- A person is guilty of home invasion in the third degree if they break and enter a dwelling with the intent to commit a misdemeanor in the home without permission. At the time while he or she is entering and lawfully persons are present in the home and violates any of the following:
- A parole term of condition.
- A probation term or condition.
- A bond or bail condition or any condition of pretrial release.
- A personal protection order term or condition.
This is a felony punishable by imprisonment for not more than 5 years or a fine not more than $2,000.00 or both.
The court may order a term of imprisonment imposed for home invasion in the first degree to be served consecutively to any term of imprisonment imposed for any other criminal offense arising from same transaction.
- Parking Facility Incidents
Property owners have a obligation to keep their premises safe. This includes making regular inspections to repair potential dangerous conditions, defects and identify potential hazards. To be deemed liable the danger must be apparent during their regular inspections, or the owner was given notice of the danger. The owner must be given a reasonable amount of time to make the repair to the area.
Common causes of parking garage accident and parking lot injuries
- Driver negligence: a drivers inattention or recklessness. If a driver ignores a stop or yield signs.
- Pavement dangers-slip and falls: most common parking lot injury resulting from cracked or uneven pavement or potholes. Debris or oily substances, weather conditions or damaged, cracked or dislocated wheel stops.
- Poor lighting: poor lighting can cause trip and fall injuries.
- Inadequate and confusing signage: an ineffective turn, stop, and yield sign are inadequate.
- Damaged and nonexistent stairwell banisters: Slip and falls occur when a banister breaks, or nonexistent and can cause an injury to the hands, wrist, head and face.
- Wheel Stops: When misaligned a visitor can easily overlook them and trip and fall or slip on any cracked pieces of the cement that fell off.
- Inadequate Security Personnel: This is not always required, but hiring trained personnel to patrol a large parking complex is expected. Trained security can deter crime and respond quickly to emergencies and report dangerous conditions.
One should obtain photos and videos of condition to show the dangers to that area as well as their personal injuries.
- Workers Compensation
The employer must pay, or provide the insurance to pay, lost wages and medical expenses of an injured employee on the job. Worker’s compensation is governed by statutes in every state. An employee is automatically entitled to receive certain benefits when he or she suffers an accidental personal injury on the job or an occupational disease in the course of their employment.
There are two factors to determine if you are eligible to receive workers compensation:
- Did the injury occur as a result of your employment
- Are you an employee of the company
Neither of these factors guarantee you will be covered by workers compensation. Coverage usually depends on the laws in your state and doesn’t cover injuries that were intentional or occurred while intoxicated. Your employer also has regulatory and statutory responsibilities they must fulfill in addition to providing lost wages and rehabilitation opportunities. In addition to loss wages an employee may receive rehabilitation benefits.