In Georgia, as in the majority of other states, establishing negligence is a requirement when an individual brings a premises liability claim against an individual or company. A victim or their family member may bring a claim against an individual person or the owner of a company. However, it is important that a victim understands that a business operator or private landowner will not necessarily be held responsible just because an injury occurred on their property.
Under Georgia law, an individual bringing a premises liability case must show that the other party was legally responsible for their injury. The manner in which this is proven and the specifics that must be shown vary with each case. However, it will likely require that the plaintiff show that the injury occurred because the other party did not keep their property reasonably free of dangers that they should have known to exist.
Some common instances in which these types of injuries occur are when a person is enjoying an outdoor activity at an amusement park or ski resort, when they are hurt in a swimming pool, or when they slip and fall in a parking lot of a shopping center. There are many issues that arise in these cases because often entertainment facilities require individuals to sign liability waivers. Even when there is no liability waiver signed, establishing fault on the part of a landowner can still be difficult. It is highly recommended that victims seek legal representation so that they are able to meet all of the prerequisites to filing this type of claim.
Second Circuit Rules on Causal Requirement in Premises Liability Case
Late last month, the Second Circuit ruled on a negligence case brought by an individual who suffered injuries at a ski resort. According to the opinion, the plaintiff filed a claim against the ski resort after he suffered injuries that he alleged to be a result of the ski resort’s negligence. The plaintiff alleged that the ski resort was negligent when they allowed other individuals to participate in dangerous ski jumps. The plaintiff claimed that while he was skiing, another skier who was using one of the jumps collided with him. He suffered injuries to the left side of his body after the collision. However, he could not specifically recall what happened in the moments leading up to the collision, and he failed to submit any evidence aside from the location of his injuries.
The plaintiff brought a case against the ski resort under the theory of premises liability. The ski resort moved for summary judgment, asking the court to dismiss the case. The lower court agreed with the ski resort and found that the plaintiff did not meet his burden of establishing that his injuries were a result of negligence on part of the ski resort. The court determined that the placement of the plaintiff’s injuries was insufficient to show that the defendant ski resort’s negligence was the cause of the collision. The case was then appealed to the Circuit Court. The Circuit Court agreed with the lower court’s finding and held that the plaintiff did not offer any causal link between the ski resort’s negligence and his injuries, and the case was dismissed.
Have You Been Injured in an Accident Because of the Negligence of Another in Georgia?
If you or a loved one has been injured as a result of participating in a pay-to-play activity, such as skiing or snowboarding, you should contact one of the attorneys at Miller Legal Services. As you can see from the opinion discussed above, these cases are highly complex and require an in-depth knowledge of premises liability law. An attorney at Miller Legal Services can assist you in developing your case. If you are successful, you may be entitled to monetary damages for the injuries you sustained. Contact an attorney at Miller Legal Services at 707-284-3727.
See Related Blog Posts:
Georgia Woman Found Dead After Hit-and-Run, Marietta Personal Injury Lawyer Blog, November 4, 2015.
Slip-and-Fall Injury Case Occurring at a Georgia Hospital Need Not Comply with Medical Malpractice Requirements, Marietta Personal Injury Lawyer Blog, November 25, 2015.