Isenberg & Hewitt, PC
Since 1989
Isenberg & Hewitt, PC
Since 1989
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Requirements for filing a negligence case

| Jun 9, 2016 | Firm News

Georgia residents who are injured while on another person’s property will generally need to provide proof that the injuries were caused by negligence in order for the owner of the property to be held liable. In order to prove negligence, there are certain requirements or elements that must be met before an injured person can seek compensation.

First, it must be shown that the owner of the property owed a duty to the injured person. This essentially means that the property owner and the person had some sort of relationship and that the owner was obligated to keep the property safe for the injured person. Second, it must be found that there was a breach of this duty that was owed to the injured person. For example, failing to properly warn of hazards may be considered a breach of duty.

Third, the injured person must prove that the property owner’s actions actually caused the injury. This is known as cause in fact. Fourth, the court will take proximate cause into account. This means that the property owners are responsible only for any harm that they could have foreseen. Finally, the injured person must prove that they suffered recognizable harm, such as a physical injury. If all five elements can be proven, the injured person may have the grounds to file a lawsuit.

Preventable accidents that occur on another person’s property can result in serious injuries such as broken bones and concussions. Premises liability cases can be tricky, and injured victims may want to meet with an attorney in order to see if a viable cause of action exists.


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