Slip and Fall on Public vs Private Property in Georgia
Falling on private or public property can result in serious injuries and substantial losses. Personal injury claims involving falls are legally challenging, and if you were injured on public property, the path forward toward a favorable resolution is even more complex. If you or someone you care about has fallen due to a property owner's failure to uphold the duty of care you were owed, help is available.
Consult with an experienced personal injury attorney at Banks, Stubbs & McFarland today.
Falling on Private Property
Property owners shoulder a duty of care toward their guests, customers, clients, and other visitors. This duty refers to the responsibility for the safety of anyone legally on their premises. Commercial property owners bear a greater duty than private owners do.
Commercial Property Owners
Owners of commercial properties are required to implement the same reasonable safety measures that other commercial property owners do under similar circumstances. This includes conducting regular inspections of their properties to help ensure potential fall risks aren't ignored. This enhanced responsibility relates to the fact that guests are invited for business purposes.
The Owners of Residential Properties
Residential property owners, on the other hand, retain a responsibility to visitors, but it does not reach the same level as that of commercial property owners. These property owners do not have the same duty to inspect their premises for potential issues that could lead to falls. They are, however, required to adequately warn visitors of any fall-related risks that may not be obvious.
Falling on Public Property
Public properties, such as parks and government buildings, are managed by government entities that are generally protected from lawsuits. If you were injured in a fall caused by a government agency's failure to uphold the ordinary standard of care you were owed, however, their immunity can be waived.
When it comes to falling on public property, you can expect the path forward toward just compensation to be more complicated and to include abbreviated timelines. To begin, you must file an ante litem notice, which notifies the government entity of your intention to file a lawsuit and must consist of detailed information relevant to your claim. There are also strict time limitations that are determined in accordance with the kind of government agency involved, including:
- Federal
- State
- City
- County
- Municipality
It's important to note that Georgia also has damage caps that apply to personal injury claims against government entities.
Consult with an Experienced Cumming Personal Injury Lawyer Today
If you've been injured in a fall that was caused by a property owner's failure to implement the necessary level of care, it's time to consult with a formidable Cumming personal injury attorney. The seasoned professionals at Banks, Stubbs & McFarland have earned an imposing reputation for skillfully guiding even the most difficult claims toward optimal outcomes, and we're here for you, too. For more information about what we can do to help, don't wait to fill out our online form or give our office a call at 770-887-1209 today.












