A Georgia boy died after touching an electrified fence in a park in east Georgia. Melquan Robinson, 12, was at football practice in Augusta Park when he touched a chain-link fence. The fence had been electrified by a wire and he was electrocuted. An adult and two other boys were also injured when they tried to help Melquan. An investigation into the accident is taking place and city officials are uncertain how the live wire was able to energize the fence.
All states require property owners to maintain a premise that is relatively safe to those who come on the property. Hotels, retailers, amusement parks, restaurants, and even homeowners may be sued if a person is injured on their property due to the owner’s negligence.
How does it work though, if you are injured at a public park or your child is injured while playing on a public playground? Can you still sue the public entity for injuries and damages you sustained? An experienced personal injury attorney can help answer those questions.
Who is Liable for Injuries on Public Property?
If a person in Georgia is injured because there was a hazardous condition on city, county, or state property, the government agency may be responsible for the injuries of the person. In the state of Georgia, to be compensated for injuries due to the negligence of a property owner, you will have to prove the following:
- The property owner had the duty to keep their property in reasonably safe conditions.
- The property owner failed to meet that duty in regard to hazardous conditions on the property.
- The hazard on their property resulted directly in your injuries.
- The injuries you sustained on their property caused damages that entitle you to receive compensation.
What is Sovereign Immunity?
Sovereign immunity is a legal principle that states a government entity can not be sued for liability without the government consenting. According to the 11th Amendment to the Constitution, states possess sovereign immunity and cannot be sued without their consent. However, the 1992 Tort Claims Act waived Georgia’s immunity against liability lawsuits in some situations.
What Does the Georgia Tort Claims Act Say?
This act allows the state to be held responsible for some negligent acts by state officials and employees, provided that the negligence occurred within the scope of their employment or duties. Recovery of damages for a single incident is capped at $1,000,000 and no punitive damages may be awarded in premises liability claims.
Why You Need a Georgia Personal Injury Attorney
Although lawsuits are allowed against government entities in Georgia, these cases are more complicated than those involving businesses and individuals. This makes it extremely important that you have proper legal representation on your side. The attorneys at Lankford & Moore Law will review your situation and help you determine what your best course of legal action will be to get you the most possible compensation for your injuries.
While it can be hard to recover damages if you have been injured on government property, that does not mean it can not be done. It is vital that you contact an experienced Georgia personal injury attorney as quickly as possible and discuss your legal rights. Contact the office of Lankford & Moore Law today to schedule a consultation.