Under Georgia premises liability law, property owners and managers have a duty to take necessary steps to ensure that their premises are reasonably safe and don’t pose a risk of injury or death to guests, customers, visitors, and people using the property. If you are injured while on someone else’s property due to their negligence, the property owner can be held liable for any damages incurred as a result of the incident.
However, cases involving premises liability are often complex and you can also expect resistance from the property owner and their insurer who may try to argue that the accident was all your fault. This is why you should seek the assistance of an experienced Druid Hills premises liability lawyer to ease the process and also ensure that you secure maximum compensation.
At SHElaw firm®, we have a team of highly skilled premises liability lawyers who have years of experience fighting for the rights of victims injured on the property of negligent premises owners. We are prepared to do everything within our power to ensure that you get the compensation you need to restore your life. Give us a call today at 470-378-1162 to schedule a free consultation.
Do I Have a Premises Liability Claim?
Georgia premises liability law stipulates that all property owners should ensure that their premise is safe enough for guests, customers, or visitors of the property.
Under Georgia code 51-3-1, the following conditions must be met for premises liability laws to apply:
- The defendant is the actual owner or occupier of the property.
- The defendant owed you a duty of care. This means that you have to been invited to the property or were on the property lawfully.
- The accident occurred due to the negligence of the defendant or their failure to properly take care of their property.
- You suffered harm that entitles you to damages. Here, you need to present documentation like medical records and bills, and expert witnesses.
If all of these conditions have been met, then and only then will you have a valid claim.
Property owners owe a much lower duty of care to people who are on the property illegally or otherwise known as trespassers. The owner isn’t required to notify the trespasser about any dangerous conditions on the property.
However, the property owner can still be held liable for injuries caused to a trespasser due to the owner’s reckless or willful acts, for example, setting up traps that are meant to cause harm to people walking across your property.
If you suffered injuries or some form of harm while someone else’s property as a trespasser, we will be able to help you determine whether you have a valid case. Again, this is only possible if the defendant acted in a willful or reckless manner.
What Are Common Injuries in Premises Liability Cases in Druid Hills?
Premises liability law covers a wide range of accidents that can occur when a property owner fails to ensure that their property is safe enough for guests potentially leading to serious and lifelong injuries. Here is a list of some of the most common types of accidents in premises liability cases:
- Tripping on unmarked steps or even surfaces
- Elevator and escalator accidents
- Getting hit by a falling object
- A slip and fall on a wet surface
- Faulty railings and stairs
- Construction defects and errors that lead to injuries
- Children getting injured while playing in an unsafe area
- Pet attacks
Who Is Responsible for an Injury in a Premises Liability Case?
The defendant in a premises liability case could be a property manager for an apartment or business, a property owner, or a homeowner. In order to win your case, you must prove the defendant was negligent.
To prove negligence in a premises liability case, the following facts must be established:
- There was an unsafe or dangerous condition on the property.
- The defendant knew about the unsafe or dangerous condition or should have reasonably been aware of it if they were taking proper care of their property.
- The defendant had ample time to get rid of the dangerous condition but didn’t.
- The defendant didn’t properly warn you about the dangerous condition.
- You suffered harm as a result of the dangerous condition.
Our attorneys will help you to determine which party is at fault for the damages suffered and also help build a strong case for you to ensure that the outcome will be in your favor. Trying to prove all these elements on your own while still recovering from your injuries can be quite difficult.
Hiring an attorney helps to make things much easier for you, and it also significantly helps to raise your chances of success in the case.
What if My Child Is Injured?
While a property owner owes adult trespassers a much lower duty of care, things are different when it comes to trespassers who are children. Property owners have a legal responsibility to take measures to protect trespassing children from harm that can be caused by enticing and dangerous objects or conditions on the property.
The most important thing to note is the fact that while something may seem clearly dangerous to an adult, a child may find it exciting and enticing without actually realizing how dangerous it might be. They don’t yet have the mental capacity to properly assess their immediate surroundings.
Georgia law refers to these conditions as attractive nuisances. The doctrine of attractive nuisance protects children who are too young to realize the level of danger they are putting themselves in against harm and injuries on the premises.
The bottom line is that in the event that your child is harmed while on the property of someone else due to an unsafe condition, the property owner may be held liable. To prevent this, property owners should ensure that any potential hazard is properly secured so that no child can access it and injure or harm themselves. For instance:
- Fencing and locking up unused areas such as empty swimming pools. The property owner also needs to ensure that the fence is tall enough to prevent children from climbing over it.
- Having construction sites fenced to prevent children from entering
- Covering an open pit or well with a lid that children can’t open
What if I Was Injured at My Workplace?
Normally, injuries suffered at the workplace are covered under workers’ compensation. However, under certain circumstances, you might be able to raise a third-party claim against the property owner.
This can include instances such as where your employer has rented the office space where you work and you suffer an injury due to a structural defect or error. You may be eligible for a workers’ compensation and premises liability claim.
A qualified attorney will be able to help you determine whether you can file a premises liability claim in your specific case. Keep in mind that worker’s compensation prohibits you from filing a lawsuit against your employer.
Is There a Deadline for Filing a Premises Liability Claim?
Just like other personal injury cases, there is a deadline for filing a premises liability claim. As per Georgia’s statute of limitations, you have two years from the date of the incident to file a premises liability claim in the state of Georgia. This means that once this time window lapses, you risk forfeiting your right to seek compensation for damages incurred.
This is why it is crucial that you take action as soon as possible. Getting a Druid Hills premises liability lawyer involved early also helps to increase your chances of success in the case, as they have more time to focus on the case and will be able to gather the necessary evidence while it is still fresh.
Get in Touch With an Experienced Druid Hills Premises Liability Lawyer Today!
The last thing you expect when visiting a neighbor, friend’s home, the local mall, school, and the like is leaving with serious injuries. It is the legal duty of any property owner in Georgia to take necessary measures to ensure that their property is reasonably safe for anyone visiting or using the property.
The more serious the injury the bigger the impact on your life. From expensive medical bills, lost income, loss of earning capacity to pain and suffering, and loss of enjoyment of life, you deserve adequate compensation for your damages.
If you have been injured while on someone else’s property in Druid Hills, GA, we can help. Our team at SHElaw firm® has years of experience handling premises liability cases. We will help you get the justice and financial compensation that you deserve. Get in touch with us today at 470-378-1162 to schedule a free consultation.
Keep in mind that we operate on a contingency basis which means that you don’t have to pay us anything until we secure a favorable settlement or outcome for your case – no win no fee! We only deduct a small previously agreed-upon percentage from your compensation amount. You have nothing to lose and everything to gain by contacting our experienced team at SHElaw firm®.