Georgia Premises Liability Lawyer

Any property owner in the state of Georgia has certain duties when inviting a member of the public onto his/her building, land, or property. And one of the primary duties is to keep the place safe. Simply put, property owners owe a duty of care to those who step into their premises. Whether you own a commercial property or any other type of establishment, an individual who gets injured on your property can potentially sue you for damages.

While property owners have a duty to keep their premises safe, it’s not absolute. This is because there are rules, regulations as well as court opinions that go into what an owner of a property should do to make sure their property is safe enough for everyone invited onto it. The law doesn’t automatically hold you responsible for the mere fact that an accident or injury happened on your property. As a victim, you’ll have to prove that the property owner was negligent. And if you fail to prove this, you can’t be awarded financial compensation.

Premises liability is an area of law that involves situations where a person has either been injured or killed while they were on or near property controlled or owned by another party or business. In the state of Georgia, cases can be filed against a landlord, homeowner, retailer, property manager, or government building that negligently failed to keep its premises fairly safe for use by a tenant, patron, customer, or other invitees.

Under Georgia law, accident victims may hold the responsible party liable for negligently causing or negligently failing to repair, correct, or warn about dangerous or unsafe conditions which result in personal injury or wrongful death. Dangerous conditions can arise due to poor maintenance or disrepair, violation of building codes, slipper flooring, cracked or uneven sidewalks, inadequate security, or unmarked or hazardous areas, among others.

What is the role of premises liability law in the American legal system?

Premises liability is a legal concept that comes into play in personal injury cases where the injury was due to some type of unsafe condition on another person’s property. Being injured in an accident or other situation can be an overwhelming experience. Depending on the severity of your injuries, you may have to undergo one or more surgeries, physical therapy as well as other medical treatment to recover from your injuries. Your recovery could be lengthy, forcing you to miss a substantial amount of time from work. This could ultimately plunge you and your family into a financial crisis.

It is the branch of law which simply involves helping victims get compensation for injuries and losses suffered in accidents on account of negligence by property owners. A premises liability lawsuit holds property owners responsible for any damages arising out of an injury or death on another person or entity’s property.

However, it’s important to note that simply because you sustained injuries while on another party’s property doesn’t necessarily imply that the property owner was negligent. What’s more, simply because the property was in an unsafe condition doesn’t automatically mean that the owner of the property was negligent. You must be able to prove that the property owner either knew or should reasonably have known that the premises were unsafe, but still failed to remedy the situation.

A lawyer cannot undo your experiences following an injury on another person’s property. But having an experienced personal injury attorney on your side to offer support and guidance can help minimize the stress of dealing with a personal injury lawsuit after an injury and enhance your chances of getting compensated.

When you hire an experienced Decatur personal injury attorney to tackle your case, he will take numerous crucial steps to guard your interest. While you focus on recovering from your injuries, your personal injury lawyer at Scholle Law focuses on recovering the compensation you deserve for your injuries as well as damages.

Types of accidents that can occur while visiting Premises in Georgia

Premises liability laws give rise to a plethora of claims that encompass numerous scenarios. These lawsuits may range from simple slip-and-fall accidents to negligent security claims where a victim claims they didn’t have enough security to contain or prevent an attack. Below are a few examples of accidents that may be covered by Georgia premises liability law:

Trip, Slip, and Fall Accidents

These types of accidents involve injuries that occur when you fall because a floor, ramp, sidewalk, or any other surface is cracked, broken, slippery, or uneven. Slip and fall accidents can also occur when carpeting becomes loose.

Dog Bite Accidents

Dog bite injuries occur when a dog or other animal attacks, mauls, or bites someone because the owner negligently failed to keep the animal under control or give warning of the animal’s propensity to bite.

Swimming Pool Accidents

Swimming pool accidents involve drowning, near-drowning, and submersion injuries due to negligent child supervision, inattentive lifeguards, inadequate barriers to prevent pool access by kids, or the failure to either have or follow appropriate drowning prevention measures.

Inadequate security

This involves a victim getting assaulted, abducted, killed, or raped because the operator or owner of a building, hospital, hotel, shopping mall, or any other establishment failed to offer adequate security.

Falling merchandise accidents

These accidents generally involve head injuries that occur when merchandise falls on a customer while shopping in major retail stores or any other place where goods or items are stacked on shelves high above ground level.

Poorly maintained elevators

If an elevator is not regularly and properly maintained, it can potentially endanger the safety of its users. This is why property owners should notify visitors of potentially dangerous conditions.

Toxic or chemical exposure

Property owners are lawfully required to clean up toxins or chemicals to prevent dangerous fumes or contaminated water. These harmful substances should be transported to designated areas and stored properly.

There are other numerous situations that can cause injuries and lead to lawsuits. If you or your loved one has been injured on an unsafe property, it is in your best interest to consult with an experienced Decatur premises liability attorney to learn more about your legal options.

Remember, these cases are usually tough to prove, as the property owner must be found negligent for them to be held accountable. Having a highly experienced and skilled attorney fighting on your behalf can help ensure that you obtain fair and fair compensation for your damages.

Types of Damages That a Georgia Premises Liability Lawyer Can Pursue

When you are injured or hurt on someone else’s property, you may be able to recover compensation from the owner of the property. When you are involved in a premise liability case, you can suffer in many ways. Some of these losses can be financial whereas others can be personal or emotional. The categories of damages are all types of legally recognizable losses available for compensation.

• Below are the types of damages available in a premises liability case:
• Property damage: Expenses for damaged property may be claimed in a premises liability claim. But you must show that the items were damaged on the accused party’s property.
• Medical expenses: Victims who suffer injuries usually incur a range of medical expenses such as surgeries, ambulance rides, emergency room expenses, medication as well as long-term medical bills. What’s more, victims may also claim expenses for rehabilitation to help with recovery following an accident.
• Psychological care: Not all injuries are physical. As a victim, you may be able to claim expenses to treat mental injuries such as anxiety and depression.
• Pain and suffering: Physical injuries will always come with a lot of pain. And this is why premises liability claims often include compensation for pain and suffering. Pain and suffering are paid based on the severity of your injuries and the pain that’s associated with them.
• Wrongful death: If the death of your loved one was due to a negligent property owner, you may be able to claim burial expenses, emotional distress, outstanding medical expenses, loss of family financial support as well as loss of consortium.
• Mental anguish: Accidents can be as emotionally devastating as it’s physically damaging. Mental anguish is a recognizable type of compensation.

Legal Defenses in Premises Liability Cases

If you incurred any premises liability injuries, the law may entitle you to compensation for your injuries. However, your claim will likely face numerous obstacles, as it’s common for defendants to employ several strategies to reduce or otherwise absolve themselves of liability.

Common defenses in premises liability lawsuits may include:

• The property owner wasn’t aware of the danger or could not have reasonably known about the danger.
• The claimant was injured by an obvious hazard and is therefore responsible for his/her injuries.
• Someone else committed an unforeseeable crime on the accused party’s property that resulted in an injury to the plaintiff.
• The owner of the property doesn’t personally have any control over hazards in the property.
• The property is not controlled by the defendant.

Nevertheless, the premises liability lawyers at Scholle Law are here to help you pursue your case and will strive to ensure you obtain the fair and just compensation you may be entitled.

Tips on How To Protect Yourself While Visiting Georgia Premises

There are a few steps you can take to protect yourself against premises liability claim, including:

• Don’t engage in distracting habits while walking: Situational awareness can do much to minimize the odds of injury in slip and fall accidents. Don’t send or read messages, play games on a smartphone, check emails, or otherwise look away from the walking surface and your destination. You should, instead, focus on your surrounding environment while keeping an eye on factors such as ice accumulation, slippery surfaces, and snow buildup.
• Dress for the weather: You can easily lose your balance when you stuff your hands in your pockets to protect yourself from the cold during winter. Put on warm gloves and other weather-protective gear.
• Always exercise caution when entering or exiting buildings.
• Don’t overburden yourself while walking: Carrying a bulky item or an armload of packages can potentially impact your sense of balance. Try to leave your hands and arms free to help with balance as you navigate challenging surfaces.

Importance Of Hiring A Premises Liability Lawyer When Dealing with A Premises Liability Claim:

An accident that occurs on someone else’s property can leave you with serious injuries and expenses. If you were not at fault for the accident and your injuries, you should not have to bear the costs. However, to accurately prove the owner of the property was negligent, you may need the assistance of an experienced Decatur personal injury attorney.

Hiring a reputable and skilled lawyer is arguably the single best decision you can make following any kind of legal responsibility. You will need a professional on your side to help you gather evidence, build a strong case, and ensure you are not taken advantage of during the entire process.

An attorney will not only help investigate the accident, determine liability, and calculate your damages, but will equally level the playing field, bring in expert witnesses if necessary, and negotiate your settlement to ensure you get what you deserve.

Summary

As already explained, premises liability is an area of law that governs personal injury cases arising from injuries sustained on someone else’s property. This article has not only explained what the law is and its impact on the Georgian judicial system, but has also explained the circumstances under which property owners can be held legally liable if something goes wrong. What’s more, we have discussed the various types of damages a Georgia premises attorney can pursue as well as valuable tips on how to protect yourself against liabilities.

Heading into a legal battle alone can significantly minimize your chances of a successful claim. This is why victims should hire an experienced premises liability lawyer to help them pursue their claims. If you or your loved one have been the victim of a premises liability accident, including anything from a dog bite or animal attack to a slip and fall, contact Decatur premises liability attorneys at Scholle Law. We have the legal experience, knowledge, and skills you need to help you build a successful case.

Frequently Asked Questions

What services do Atlanta premises liability lawyers provide?

Atlanta Premises liability lawsuits usually require the services of an attorney because the legal professional has the knowledge, skills, and experience needed to support the case, gather evidence and present a valid argument against the accused party.

Premises liability lawsuits can be very complex, so it’s vital to have an experienced lawyer who knows and understands the laws of the game. Your Atlanta premises liability lawyer can provide valuable guidance throughout the legal process and ensure that you get fair and just compensation for your losses. A qualified Atlanta premises liability attorney will help investigate the accident, determine liability, calculate your damages, and negotiate a fair settlement.

How does a premises liability case involving children differ from other cases?

When you are involved in an accident, the only thing worse than being injured yourself is seeing your child hurt and in pain. In situations where a kid is injured in a premises liability accident, the case may be handled differently.

First and foremost, because children are not of age to enter a contract, sue, or be sued, they can’t file a personal injury lawsuit on their own. Instead, a guardian or parent will have to file the claim on their behalf.

Also, although the statute of limitations for filing a personal injury case is generally two years, this timeframe is extended when kids are involved. Instead of two years from the time of the incident, minors have two years from the date of their 18th birthday to pursue a premises liability personal injury claim.

How can I find qualified and experienced Atlanta personal injury lawyers?

Although an attorney can be the difference between a lowball settlement and full, fair, and just compensation for your losses, the right type of lawyer matters. Many personal injury attorneys will say they handle premises liability lawsuits, but that doesn’t imply that they boast sufficient qualifications and experience to handle your case. To find a qualified and experienced Atlanta personal injury lawyer, you will want to hire a professional who:

• Focuses solely on personal injury law, particularly premises liability.
• Boasts solid experience taking cases to trial.
• Has a successful track record.
• Works on contingency. This means that they won’t take any fees unless they win your case.
• Has enough resources that can help win your case, including expert witnesses.
• ONLY represents accident victims and does not work for insurance firms.

When is a business or property owner liable in premises liability cases?

Generally, premises liability cases are complex, difficult, and time-intensive. The handling of a claim can be overwhelming, which is why you should hire a personal injury attorney who is experienced in these types of cases.

Most of these cases involve claims of negligence against the occupier or owner of the property in question. Negligence simply implies the failure to take proper care. To prove liability in premises liability cases under Georgia state law, a victim must prove four crucial elements, including:

• There was a legal duty to observe a standard of conduct: This legal duty simply refers to a property owner’s responsibility to ensure their property is reasonably safe. To show that a legal duty existed, it’s necessary to prove that a defendant was the legal owner or occupier of an establishment and that the victim was a lawful licensee, invitee on the premises, or that a trespassing child was lured by an attractive nuisance.
• That legal duty was breached: A breach of duty in these cases involves a property occupier or owner failing to either repair or warn visitors of potentially dangerous conditions on the property, or failing to offer adequate security.
• The breach of that duty led to injury: The victim must also show that his/her injury was a result of either the action or inaction of the owner of the property where the accident happened.
• The injury suffered by the victim resulted in damages: Injured victims also need to show that the injury they experienced resulted in compensable damages or losses, including lost wages, medical bills, and other expenses.

Are car accident lawyers able to assist with premises liability cases?

As already explained, these cases can be very complex. As a victim, you’ll have to prove the property owner was negligent. And this is why the victims should always hire a premises liability attorney at Scholle Law to help guide them through the entire process and enhance their chances of getting compensated.

How can I evaluate Law Firm Client Reviews when researching a potential lawyer for my case?

You can check and evaluate law firm clients online at websites such as Avvo.com. What’s more, you can read client testimonials on the law firm’s official website.

Is there an obligation to accept a free case review offered by a law firm for potential clients?

The vast majority of premises liability claims that are filed in Atlanta, Georgia often start with a free consultation. A free consultation allows an attorney to get to know more about the incident and how it caused harm to the potential client, and also allows the lawyer to explain the journey that could lie ahead for both of them. However, there is no obligation for a client to accept a free case review offered by a law firm.

After your free case evaluation, you can always decide whether you want to hire an attorney and pursue your claim with them or look for another lawyer.

What laws should I be aware of regarding premises liability in Georgia?

In the state of Georgia, property owners or occupiers are lawfully required to keep their premises and the surrounding areas reasonably safe for visitors. A property owner’s responsibility for keeping visitors safe depends on the types of visitors that come to their property.

The three different types of property visitors identified by the law include invitees, licensees, and trespassers. Of the three types of visitors, invitees are owed the highest standard of care by property owners. Any individual who receives an implied or express invitation from a property owner is considered an invitee.

Like an invitee, a licensee is an individual who is on a property legally. But as opposed to an invitee, a licensee visits a property for their own interests, gratification, or convenience. On the other hand, a trespasser is anyone who enters another’s property without authorization. In most cases, the occupier or owner of a property has no legal duty of care to trespassers of their land except not to recklessly or willfully cause injury.

When are you entitled to compensation if you are injured on someone else’s property in the state of Georgia?

In the state of Georgia, the burden of proof falls on the victim injured in the premises liability accident. If you can prove that a property owner was negligent in your case, you can seek compensation for your losses.

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