Slip and Fall
Premises liability is a broad area of the law which can cover slip-and-falls, negligent security, falling merchandise, toxic mold, defective lighting, and failure to warn of hazards. Liability is premises cases is generally premised upon the owner or occupier of land’s superior knowledge of the hazard which caused the injury. Knowledge can be shown to be either actual or constructive.
Actual knowledge means that the owner or occupier of the land was actually aware of the hazard. Facts that can show this can be prior similar incidents on the property or maintenance records showing awareness of the hazard. Constructive knowledge means that a landowner would have been aware of the hazard had the owner or occupier used reasonable means of inspection to maintain their property. In other words, an owner/occupier of land cannot dig their head into the sand and claim they are not aware of hazards on their property if a reasonable owner/occupier using reasonable inspection policies would have discovered it.
Premises liability cases and very fact sensitive and insurance adjusters and loss prevention employees are generally trained to gather information that can be helpful to the owner or occupier’s case and devastating to yours. That’s why hiring a lawyer as soon as possible is important in premises liability cases. At Titus Smith Law, we have extensive experience with premises liability cases. We service Alpharetta and Johns Creek, GA and would be happy to sit down and talk about your case during a free consultation.