What Is Strict Liability & Does It Apply to Premises Liability Injury?

    Posted on Saturday, February 10th, 2024 at 9:00 am    

    Arms of lawyer and client visible on a desk with legal papers and a gavel. Superimposed on the image are the words, What Is Strict Liability in a Premises Liability Lawsuit?

    Strict liability allows a victim to claim damages without having to demonstrate that the other party acted negligently or intentionally to cause harm. Strict liability can apply to premises liability cases in other states, but generally not in Georgia. Not worry, this doesn’t mean that you can’t pursue damages for your injury, it just means you have to pursue it in another way.

    Contact us online or call Jonathan R. Brockman, P.C. at (770) 205-8827 to speak to a premises liability lawyer who understands strict liability. Our legal team of personal injury lawyers can help you get the financial compensation that you deserve from the at-fault party or their insurer.

    Does Strict Liability Apply to Premises Liability in Georgia?

    Under Georgia’s premises liability statute and case law, strict liability doesn’t apply in premises liability cases. That means that being harmed on someone else’s property doesn’t automatically entitle you to obtain compensation. You must show that you got hurt because a property owner failed to exercise reasonable care and remove, remedy, or warn you about a hazardous condition on the property.

    For premises liability specifically, Georgia courts typically focus on whether the property owner or occupier knew or should have known about a dangerous condition on the property and failed to take reasonable steps to address it. This is a negligence-based approach rather than strict liability.

    That being said, every case is unique. If you have a question about whether you have a strict liability case, it is essential to consult with a Georgia strict liability lawyer to understand how the concept of strict liability may apply to a particular case in Georgia.

    What Does Strict Liability Refer to in Georgia?

    • Product liability cases – Georgia law holds product manufacturers strictly liable when their products cause injury. Someone who gets hurt using a product in the way it’s intended to be used may automatically be eligible for compensation in Georgia. They don’t need to prove the manufacturer was negligent in order to seek compensation.
    • Inherently dangerous activities – For example, perhaps a business offers specialized services that involve handling explosives. Because of the natural potential for serious harm, strict liability may apply to these activities.

    Strict Liability Example

    For example, maybe you get hurt in a slip and fall while shopping for groceries. This might happen if you slip on something that has fallen onto the floor. The property owner isn’t necessarily liable in this scenario. Whether they’re liable depends on whether they should have known about the spill and addressed it before you got hurt.

    The property owner is liable if significant time passed between when the hazard arose and when the slip and fall occurred. You’re eligible for compensation if a reasonable property owner would have taken steps to eliminate the hazard by the time you were hurt. On the other hand, maybe your slip and fall occurred just a few moments after the spill formed. The property owner likely wouldn’t be liable if so.

    Proving Negligence in Georgia Premises Liability Cases

    “Negligence” in a legal sense essentially means someone was unreasonably careless. Using a car wreck as an example, negligence might involve failing to check for oncoming traffic when turning onto a road. Checking for traffic is a reasonable step motorists must take to guard against causing harm. Someone who fails to take this step could cause a wreck.

    Do I Need a Premises Liability Lawyer?

    Lawyers arms and hands with glasses and legal documents on desk, answering the question, What is Strict Liability?Because strict liability doesn’t apply in Georgia premises liability cases, you’ll need to prove that the property owner was negligent when seeking compensation. This could involve such tasks as:

    • Reviewing official reports of the incident
    • Interviewing witnesses
    • Reviewing pictures of the accident scene
    • Reviewing available video footage of the incident
    • Reviewing any statements the property owner may have made
    • Filing a claim with the at-fault party’s insurer
    • Negotiating a settlement

    You don’t have to handle these tasks yourself. A skilled Georgia premises liability lawyer can take on your case and fight to get the compensation you deserve. See our recent victories results page to see how Jonathan R. Brockman, P.C. has helped clients get awards from $18,000 to $1,000,000 in premises liability cases.

    The Deadline for Filing a Georgia Premises Liability Lawsuit

    In Georgia, you have two years from the date of your injury to file a premises liability lawsuit. Take legal action by the deadline to avoid waiving your right to pursue compensation in court.

    Contact a Georgia Premises Liability Lawyer

    At Jonathan R. Brockman, P.C., a Georgia premises liability lawyer can gather evidence of negligence on your behalf. Jonathan R. Brockman, P.C. can coordinate with insurance companies, gather documentation of your injuries, and estimate potential settlement amounts. Learn more about how we can help you by contacting us online today or calling us at (770) 205-8827 for a free case review.


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