Unsafe Premises Attractive Nuisance Injuries Lawsuit Claims Lawyer
Under the laws of the state of Georgia, property owners have a duty to keep their buildings and land safe for guests and visitors. This is easily understood. However, the guidelines governing an attractive nuisance in Georgia are quite vague. That means, it is often subject to interpretation in the courts, which adds a layer of complexity in personal injury claims.
Moreover, when children are involved in premises liability and attractive nuisance cases, the rules change. For example, premises liability would protect the owner against a trespasser who wandered onto the property and became injured. If the trespasser was a child, the law changes. A child cannot be expected to behave with the same accountability as an adult. Therefore, a child who inadvertently wanders onto a stranger’s property and becomes injured, may have a strong case for an unsafe premises lawsuit.
Because of the level of complexity in these cases, you need the experienced, professional services of a Georgia personal injury attorney like Darrell T. Farr in Stockbridge. He can provide the guidance you need to avoid legal landmines and protect your rights, especially if injured children are involved.
Proving an Attractive Nuisance Unsafe Premises Claim
Although many portions of the attractive nuisance law are open to interpretation, certain items typically must be proven in order to win a premises liability claim. These include:
- An existing condition on the property in question was evidently dangerous.
- This condition was attractive or interesting to a child.
- The child involved was incapable of understanding the danger posed by the condition.
- This condition existed in an area frequented by children.
- The property owner knew about the danger but did not take reasonable precautions.
As you can imagine, some points may be difficult to prove in certain circumstances. The age of the child in question can be a factor. The court also must determine “reasonable precautions” in the situation in question.
If your child was injured on another person’s property, don’t hesitate to contact attorney Darrell T. Farr in Henry County.