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Atlanta Premises Liability Lawyer

Property owners in Georgia are responsible for ensuring that their property is free from hazardous and dangerous conditions. Failing in this responsibility can leave them open to lawsuits if someone is injured on their property. If you have been injured in a public area such as a shopping mall or store, or in a private home or office, an Atlanta premises liability attorney may be able to file a lawsuit on your behalf to get you the compensation needed for your damages.

An experienced personal injury attorney at Marks Law Group can help you understand your rights under Georgia law and guide you through the process of filing your personal injury claim. Contact us today to schedule a free case review and find out how we can help you.

How Can a Premises Liability Attorney Help?

An experienced Atlanta premises liability lawyer will look over the facts of your accident to help establish if you have a viable claim for damages. While working on your case your attorney will go through a number of steps, including:

  • Collection of evidence such as photographs or video footage of your accident
  • Interviewing witnesses of your accident
  • Determining liability for the damages you sustain in your accident
  • Reviewing any police reports that were filed
  • Gathering and reviewing medical records to determine the extent of your injuries

Your attorney will likely also consult with various medical experts in order to demonstrate to the jury how your injury was caused by negligence on the part of the owner or operator of the premises. The medical professionals will also be able to explain what future medical care you may require, in addition to the associated medical expenses.

Factors in a Premises Liability Case

Property owners or operators are required to take care to maintain a property and prevent dangerous conditions. This responsibility may fall on a property's manager, tenant, or even contractors working on the property. They may be held liable in the event of an accident that results if they fail to keep a property safe and correctly maintained.

Atlanta Premises Liability Lawyer

An injured person will typically be required to prove four points in order to form a valid claim for premises liability.

  1. The property was found to contain an unsafe condition
  2. The person who owns or occupies the building had actual knowledge of the dangerous condition, or should have known about it through standard care
  3. The owner or occupant of the property failed to either remove the dangerous condition or warn that it existed 
  4. Your injury was a direct result of the dangerous condition

The majority of premises liability cases in Atlanta are due to accidents taking place in stores. Store owners are typically responsible for injuries that occur due to slippery floors, uneven walkways, poorly or improperly maintained parking lots, walkway instructions, or other unmarked hazards.

Children and Premises Accidents

In Georgia, the law recognizes the attraction that dangerous conditions such as unattended trampolines or swimming pools can attract children. Property owners are therefore required to maintain their property and keep it free of dangerous hazards that could draw in and injure trespassing children.

Under certain conditions, a property owner can be held liable for injuries sustained by children under the doctrine of attractive nuisance. These conditions include:

  • The property owner knows or should reasonable know that children are likely to trespass on their property
  • The property owner knows of or should reasonably know of a hazard that is likely to cause serious injury or death to trespassing children
  • The trespassing children are either unaware of the hazard or are too young to understand the danger it presents
  • The burden of fixing or removing the hazard is minor when compared to the injury risk it presents
  • The property owner fails to exercise reasonable care in removing or repairing the dangerous condition

An attractive nuisance is not applicable if the injured child is a guest on the property, only if the child or children are trespassing. It is nearly always easier to prove liability when the injured child is a guest on a property containing a hazardous condition.

Types of Premises Liability Lawsuits

Premises liability lawsuits can come in many different varieties, including:

  • Slip and falls
  • Injuries resulting from falling objects
  • Exposure to hazardous or toxic chemicals or materials (e.g. lead paint, mold, etc.)
  • Failure to warn a visitor of a dangerous condition
  • Elevator or escalator accidents
  • Poor or improper maintenance
  • Inadequately protected swimming pools
  • Structural defects and failures
  • Dog bites
  • Inadequate security resulting in injury from a violent crime
  • Being locked inside or an injury sustained due to a defective door
  • Injury caused by uneven terrain or slippery surfaces

Common Premises Liability Injuries

  • Head injuries
  • Back or spinal cord injuries
  • Knee injuries
  • Shoulder injuries
  • Cuts and bruises

Common Causes of Premises Liability Injuries

  • Snow or water not being cleared from walkways
  • Faulty electrical wiring
  • Low quality construction
  • Violation of building codes

Premises Liability Claims

In order to ensure that homeowners keep their homes safe for visitors, premises liability laws were established. You may be entitled to compensation if you have been injured due to the property owner's failure to warn you of dangerous conditions or their failure to keep the premises safe. Contact the premises liability lawyers at Marks Law Group for a free consultation to see how we can help. 

Proving Negligence

A successful premises liability lawsuit hinges on the principle of negligence. An experienced Atlanta premises liability lawyer at Marks Law group will gather evidence to show:

  1. The owner of the property held an obligation to maintain the safety of their visitors
  2. The property owner failed to meet this obligation
  3. You suffered injuries due to this failure
  4. The injuries you suffered caused a financial loss

Learn More: How to Maximize Your Personal Injury Claim

Whether you were legally present on the property or were trespassing at the time of your injury can have a significant impact on your premises liability claim. They may be able to contest your claim if you were not a guest on their property, particularly if they have posted signs that you were aware of. Premises liability cases are highly dependent on the specifics of each case. Having an experienced attorney to help your through the process can make all the difference in the outcome of your claim. 

Atlanta Premises Liability Attorney

Determining Your Losses

The purpose of a premises liability claim is to recover costs lost in expenses related to your accident, most typically medical bills and lost wages. Your attorney will look to recover these costs through either a settlement with an insurance company or a court award. Your attorney may push for damages based on:

  • Medical bills
  • Lost wages
  • Disfigurement
  • Pain and suffering
  • Disability
  • Lost future earning potential

The value of your case can be determined based on previous paychecks and medical records. Medical professionals will likely be consulted for severe injuries to build your claim for future medical expenses. 

Contact an Experienced Attorney

Unsafe premises can result in serious injuries to anyone visiting them. Negligent property owners who fail to either remove the unsafe conditions or warn visitors about them can be held liable for damages under Georgia law. If you or someone you know has been injured due to dangerous property, contact Marks Law Group for legal advice on how to proceed. We have the experience and knowledge you will need to build the best possible case to get compensated for your damages. Fill out our contact form today to schedule a free consultation for your case.

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