Property owners in Georgia are required to exercise ordinary care in keeping their premises and approaches safe for guests. Accidents that occur in another person’s home can be difficult for an injured person to handle because of the concern about the possible financial stress that a personal injury claim might personally place on the homeowner, who is often a friend or family member.
Some cases can become more complicated when the homeowner or his or her insurance company claims that the victim was at fault and bears responsibility for his or her injuries. Insurers may refuse to cover homeowners who engaged in willful or wanton conduct that caused a victim’s injuries.
Lawyer for Homeowner Liability in Atlanta, GA
Did you or your loved one sustain serious injuries because of a homeowner’s negligence in Georgia? You will want to contact The Balams Firm before you speak to an insurance company.
Atlanta personal injury attorney ReShea Balams represents clients in premises liability actions in Johns Creek, Riverdale, Norcross, Alpharetta, Roswell, College Park, Dunwoody, Sandy Springs, Duluth, Lawrenceville, Marietta, East Point, Decatur, Milton, Forest Park, Smyrna, and several other nearby areas.
Call (404) 445-2005 today to have our lawyer review your case and help you understand all of your legal options during a free, no-obligation consultation.
Overview of Homeowner Liability in Georgia
- How are guests classified in Georgia?
- What should someone do if injured in another person’s home?
- Where can I learn more about homeowner liability in Atlanta?
Types of Guests in Atlanta Homeowner Liability Cases
A homeowner may or may not have a duty to maintain a safe environment for individuals who enter their property. Whether the homeowner owed a duty to the victim will depend on how the victim is classified under state law. Georgia categorizes guests into three different groups:
- Invitees — Under Georgia Code § 51-3-1, any owner or occupier of land who, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe. Invitees are owed the highest degree of care among the three kinds of houseguests.
- Licensees — Georgia Code § 51-3-2(a) defines a licensee as any person who is neither a customer, a servant, nor a trespasser; does not stand in any contractual relation with the owner of the premises; and is permitted, expressly or impliedly, to go on the premises merely for his own interests, convenience, or gratification. A homeowner is liable to a licensee only for willful or wanton injury.
- Trespassers — Under Georgia Code § 51-3-3(b), a lawful possessor of land owes no duty of care to a trespasser except to refrain from causing a willful or wanton injury.
Steps to Take in a Homeowner Liability Case in Fulton County, GA
When you have been injured in an accident in another person’s home, you will want to make sure that you obtain as much information as possible about the cause of the injury immediately following the accident in order to give yourself the best chance of being compensated for all out-of-pocket expenses.
Make sure that you receive medical treatment. Even if you do not think your injuries were severe, many injuries can involve delayed symptoms. Additionally, insurance companies will use any delay in medical care to justify lower awards for injury claims.
A homeowner is typically insured, and that person’s insurer will usually contact the victim soon after an accident. Victims should avoid speaking on the phone to insurance company representatives or agents until they have legal representation.
Even when an insurer offers what seems like a generous settlement offer, it is important to remember to have an experienced personal injury attorney to assess the offer. The Balams Firm can fight to make sure that you receive fair and full compensation for the entire lifetime of care that you will require.
Homeowner Liability Resources in Georgia
Insurance | Georgia.gov — The Office of Insurance and Safety Fire Commissioner licenses and regulates insurance companies, investigates suspicions of insurance fraud, and conducts inspections of buildings and houses to prevent fire outbreak. The agency also helps people understand how insurance works, and you can visit this website to learn more about homeowner’s insurance. You can also find a Guide to Homeowner’s Insurance.
Facts + Statistics: Homeowners and renters insurance | Insurance Information Institute (III) — The III is an insurance industry-supported organization with the mission “to improve public understanding of insurance—what it does and how it works.” On this section of the III website, you can find various statistics about homeowner’s insurance. According to the III, about one in 1,015 homeowners policies has a liability claim related to the cost of lawsuits for bodily injury or property damage that the policyholder or family members cause to others.
Find Homeowner Liability Lawyer in Atlanta, GA
If you sustained serious injuries because of a homeowner’s negligence in Georgia, it is in your best interest to quickly seek legal representation. Contact The Balams Firm before you speak to an insurance company.
Atlanta personal injury attorney ReShea Balams helps individuals in communities all over Clayton County, DeKalb County, Cobb County, Fulton County, and Gwinnett County. You can have her provide an honest and thorough evaluation of your case as soon as you call (404) 445-2005 or complete an online contact form to receive a free initial consultation.