Macon, Georgia premises owner liability

by admin on February 9, 2010

Macon, Georgia premises owner liability
Trespasser

The trespasser is the person who enters the premises of another in the absence of an express or implied invitation, for his or her own benefit, and when not performing of any duty to the owner. It is typically not required for the premises owner to demonstrate that the trespasser had unlawful intent for making such an entry.

If premises owners are not aware of the trespasser’s presence, they usually have no duty to warn a trespasser of the dangers or to make the premises safe for the benefit of a trespasser. Where the premises owner is aware of the trespasser’s presence, the premises owner might be obligated to exercise ordinary care in relation to a trespasser’s safety.

Public Roads and Sidewalks
Premises owners are usually charged with clearing public sidewalks in front of their premises, and to take care of their premises so as not to pose a risk to the people who are passing by on the public street or sidewalk.

Non-Delegability of Duties
The duties of the premises owner are typically non-delegable. When the defendant remains in possession, the defendant cannot avoid liability merely since he hired a company to look after maintenance. For example, a business will be liable for the condition of its parking lot, even tough it has contracted with a landscaping company to look after the parking lot and to remove snow and ice. A landlord continues to be responsible for the condition of the housing it owns, although it has hired a management company to provide all service and maintenance associated with the housing.

If you have a premises liability claim against some in Macon, Georgia contact a premises liability attorney.

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