Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
Isenberg & Hewitt, PC | A Business And Personal Injury Law Firm | Since 1989
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When a property owner may not be held liable

On Behalf of | Jul 13, 2017 | Premises Liability

In general, a visitor who is injured while on another person’s property may be eligible to seek compensation for any damages associated with the accident. This is because Georgia property owners have a duty to protect visitors and others from harm that could be caused by dangerous conditions. However, there are some exceptions to this that could prevent an injured person from seeking compensation.

The open and obvious rule states that if the hazard, risk or dangerous condition was obvious to a reasonable person, the owner of the property could potentially be relieved of liability. Ultimately, the visitor should be able to recognize certain warning signs, avoid obvious dangers and protect himself or herself when possible.

Even though the open and obvious doctrine can protect property owners from liabilities, there are some exceptions to this rule as well. For example, even if the hazard is open and obvious to visitors, the property owner must still take precautions to protect visitors from harm. Another exception is the negligence per se rule. This exception often involves a violation, making the property owner automatically negligent, regardless of whether or not the injured visitor was aware of the dangerous condition or hazard.

If a property owner fails to keep their business or home properly maintained and free from hazards, a person could potentially suffer a serious injury if he or she slips and falls. If there is evidence that the property owner was negligent or did not attempt to make the person aware of any hazards, a premises liability attorney could file a lawsuit against the property owner seeking appropriate compensation.


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