Inadequate Maintenance

Whether a person is on another party’s property for work, to shop, or simply to socialize, the landowner owes a duty to ensure that the premises are reasonably safe. The exact duty owed by a property owner to a visitor depends on the relationship between them. If you or someone you know was injured on someone else’s property in the Marietta area, you may want to consider seeking guidance from a premises liability lawyer who can help you seek the compensation you deserve.

In the state of Georgia, property owners have a legal obligation to exercise reasonable care to keep their premises safe. This encompasses a duty to make a reasonable inspection of the property for potentially dangerous conditions. Owners of land to which customers are invited for a business purpose have to adhere to the highest duty of care of any type of property owner. If a hazardous condition is not open and obvious, the property owner must make the area safe or alert invitees of its existence. If the owner or occupier is negligent when it comes to inspecting the premises, correcting a dangerous condition, or warning an invitee of the hazard, the owner can potentially be liable for any injuries sustained by a visitor.

Inadequate maintenance claims are actions taken by or on behalf of a victim who was hurt on another’s property due to the owner’s failure to keep it in a safe condition. They can arise on all different types of property, including at an apartment building, a hotel, shopping complex, hospital, a convenience store, and more. For example, if a tree branch falls and injures a visitor, a property owner may be liable if the owner knew about the hanging branch but failed to do anything about it. Unsecured floor boards leading to a visitor being hurt would be another example.

In order to prevail on an inadequate maintenance claim, the victim would have to demonstrate the following elements:

• The property had a hazardous conditions;
• The owner knew or should have known about this condition;
• The owner did not fix the hazardous condition; and
• The victim’s injuries were a result of the hazardous condition.

If you prevail on a premises liability claim based on inadequate maintenance, you likely will be able to seek compensation from the negligent property owner. Generally, an injured person can recover medical expenses, pain and suffering, the costs of future treatment, lost wages, and any other economic or non-economic damages arising from the accident.

Premises liability is a complex area of law and can involve a variety of situations and legal claims. Many times, it can be difficult to ascertain who was at fault for an accident, which is why having a legal professional on your side can make all the difference. At Miller Legal Services, our slip and fall attorneys have the experience and compassion to assert the rights of Marietta residents and others who come to us for assistance. Many of our clients come from Roswell and Smyrna, among other areas throughout Georgia. To set up a free consultation where you can learn more about your legal rights and options, call us at 770-284-3727 or contact us online.