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Elements of a premise liability claim

Accidents occur on a daily basis, though it may be possible for individuals to avoid them on certain occasions. For instance, when an individual receives injury due to the negligence of a landowner, a premise liability claim may help to receive proper compensation.

In order to file a successful claim, it is important to understand the aspects of the claim process. There are a few key elements of a premise liability claim.

Classifications

When individuals enter various properties, they are there in a certain capacity. This capacity falls into four categories:

  1. Invitee
  2. Licensee
  3. Child
  4. Adult trespasser

Individuals may fit into more than one category at different times. The classification of the individual at the time of the instance is critical to the claim.

Determination

In the case where an individual fits into more than one category, it may be hard to make a clear classification. However, it is critical to the claim process. For instance, vendors who are working are invitees but may become licensees if they stay after work for social purposes. Documentation and other evidence regarding the incident can be helpful in solidifying a determination in such instances.

Standard of care

According to Georgia law, the standard of care that a landowner owes depends on the classification of the visitor. A landowner owes an invitee a higher duty of care than an adult trespasser, and a licensee fits in the middle. Seeing as children do not have the greatest sense of danger, landowners and adults in general must meet a higher standard of care when it comes to children. In the case of premise liability, children are usually in the range of an invitee, whether they received an invitation or are trespassing.

As you can see, premise liability claims can be a bit tricky, but with the proper knowledge and evidence, individuals can receive the recompense they deserve. For those needing further clarity or guidance, it may be beneficial to speak with a knowledgeable attorney.

 

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