Getting injured on someone else’s property can be a confusing and frustrating experience. You might be dealing with painful injuries, mounting medical bills, and lost time from work, all while trying to figure out who is responsible.
An Atlanta Premises Liability Lawyer can help you understand your options and seek compensation for your damages. This page will help you understand the basics of premises liability law in Georgia and what to do if you’ve been injured.
We invite you to learn more about how we can help with your personal injury case.
What Is Premises Liability?
Premises liability is a branch of personal injury law. It holds property owners accountable when someone gets hurt on their land or in their building due to a hazardous condition. This isn't just about slip and fall accidents; it covers a wide range of incidents, from dog bites to negligent security.
The core principle is that property owners have a duty of care to ensure their premises are reasonably safe for visitors. If they fail to meet this duty and someone is injured as a result, they may be held liable.
Common Types of Premises Liability Cases in Atlanta
Premises liability cases can happen in all sorts of places, from a friend's house to a public place like a Shopping center. Some common scenarios include:
- Slip-and-fall injuries caused by wet floors, uneven pavement, or broken stairs.
- Negligent security leading to assaults or other crimes in parking lots, apartment complexes, or hotel chains.
- Swimming Pool Accident where a lack of proper fencing or supervision leads to injury or drowning.
- Elevator and escalator malfunction causing falls or other severe injuries.
- Injuries from broken locks, automatic doors, or other building code violations.
- Dog bites and animal attacks.
- Injuries from falling objects or structural collapses.
- Chemical exposure in industrial or commercial settings.
Establishing a Premises Liability Claim
To have a valid premises liability claim, you must prove three things:
- Duty of Care: The property owner owed you a legal duty to keep you safe. The level of this duty can depend on your reason for being on the property (e.g., a customer in a Grocery Store vs. a trespasser).
- Breach of Duty: The property owner breached that duty by failing to address a dangerous condition they knew about or should have known about.
- Causation: The breach of duty directly caused your injuries.
Proving these elements can be complex, and that's where an experienced premises liability lawyer comes in. They can help gather crucial evidence like security camera footage, witness statements, and medical records to build a strong case.
Learn More: How to Maximize Your Personal Injury Claim
Who Are the Liable Parties?
Liability for an injury isn't always clear. It could be the property owner, a tenant, a property management company, or even a homeowners' association.
For instance, in a large Shopping center like Walmart, liability might fall on the mall owner, the specific retail establishments, or even a security company hired to patrol the parking lots.
An Atlanta premises liability attorney can investigate the accident scene and all parties involved to identify who is truly at fault.
The Role of a Premises Liability Lawyer
If you've been injured, an injury lawyer can be your advocate. They handle the legal complexities so you can focus on your recovery. Their responsibilities often include:
- Investigation: Gathering evidence, including photos of the dangerous conditions, security camera footage, and witness statements.
- Legal Strategy: Applying Georgia law and precedents to your specific case to build the strongest possible argument.
- Negotiation: Dealing with aggressive insurance companies who may try to minimize your settlement or even deny your claim outright.
- Litigation: Taking your case to court if a fair settlement cannot be reached.
It’s important to act quickly because Georgia has a Statute of Limitations for personal injury cases, which limits the time you have to file a lawsuit.
Negligent Security and Premises Liability
Negligent security is a serious part of premises liability law in Georgia. Property owners have a duty to provide reasonable security to protect visitors from foreseeable criminal acts.
For example, if a hotel knows there have been several break-ins but fails to fix broken locks or hire security guards, they could be held responsible for an assault on their property.
An Atlanta personal injury lawyers team will examine all evidence, including police reports and surveillance footage, to see if a lack of security contributed to your injury.
What Damages Can You Recover?
A successful premises liability case can help you recover various damages, including:
- Medical expenses: From ambulance rides and emergency room visits to long-term physical therapy and future medical bills.
- Lost wages: Compensation for time missed from work due to your injuries.
- Pain and suffering: For physical and emotional distress.
- Wrongful death damages: If the injury results in a fatality, family members can seek compensation for funeral costs and other losses.
- Property damage: If any of your personal belongings were damaged in the accident.
How to Protect Your Premises Liability Claim
After an accident, the steps you take are critical to protecting your liability claim.
- Report the Incident: Immediately report the accident to the property owner, manager, or an employee and ask for a copy of the accident report.
- Document Everything: Take photos and videos of the accident scene, the hazardous condition, and your injuries. If possible, get the contact information of any witnesses.
- Seek Medical Attention: See a medical professional, even if you feel fine. Some injuries, like those from a fall or chemical exposure, may not show up immediately. Your medical records will be vital evidence.
- Avoid Social Media: Do not post about your accident or injuries on social media. Insurance companies can and will use your posts against you.
- Do not talk to insurance companies or sign anything without consulting with an Atlanta law office. A lawyer can handle all communications for you.
Why Choose an Atlanta Premises Liability Lawyer?
The legal system can be intimidating, especially when you are dealing with a personal injury. Our local law office understands Georgia law and the precedents set by the Georgia Supreme Court.
We can navigate the complexities of your case, from gathering the right evidence to dealing with large insurance companies and corporate defendants like hotel chains, Shopping centers, and Grocery stores.
If you or a loved one has been injured on someone else's property, you deserve to have your case heard. The path to recovery starts with understanding your rights.
Contact us today to schedule a consultation and learn how we can help with your premises liability case.