Homeowners, business owners, and property managers are responsible for keeping their premises safe. When someone is hurt because a property owner failed to deal with a safety issue or put up a warning sign, the victim can file a premises liability lawsuit.
No one deserves to sustain injuries due to a property owner’s negligence, but this happens more often than you might realize. If you suffered an injury while on someone’s property, you should contact an Atlanta premises liability lawyer to find out if you have a case.
Here at the SHElaw firm® in Atlanta, GA, we regularly take on premises liability cases, helping our clients receive the justice they need and deserve after dealing with such a traumatic experience. If you need help, you’re in the right place.
Do I Have a Premises Liability Claim?
Before going through the legal process, you probably want to know if you have a legitimate claim and can receive compensation for your injuries. If you want to have a successful case, it’s necessary to prove several key points.
- You were invited to the property or were on the property lawfully.
- The person who owns the property was negligent.
- Their negligence led to your injuries.
- You have suffered injuries and financial losses/expenses.
There are so many scenarios that can lead to a premises liability case.
For example, you may have slipped, fallen, and sustained serious injuries due to uneven flooring inside an individual’s home, or you may have suffered a slip and fall while shopping at the grocery store. In these cases, owners are typically responsible for the injuries because they failed to fix the problem or knowingly put people at risk by failing to put up warning signs.
You might have a premises liability case on your hands if you were injured while on someone else’s property. If you want to find out more about the likelihood of receiving compensation for what you’ve experienced, reach out to the SHElaw firm® in Atlanta, Georgia.
We’ll discuss the details of your accident and determine if you have a case. If so, we’ll walk you through the legal process, ensuring you can get through every step of the process with minimal stress. Our goal is to put your mind at ease while putting up the best fight for you to get you compensated.
What Are Common Accidents in Atlanta Premises Liability Cases?
People end up with premises liability cases for a myriad of reasons. However, these are some of the most common causes of injuries sustained due to negligence on behalf of property owners:
- Wet Surfaces – If a floor is recently mopped and there is no caution sign put down for others to see, individuals can slip and get hurt.
- Uneven Surfaces – In some cases, surfaces are uneven in the most random spots, causing someone to trip and fall unexpectedly. The uneven surfaces may be inside the property or outside the premises.
- Elevator-Related Issues – Sustaining injuries in an elevator is entirely possible and can happen while at a large establishment, such as a hotel or shopping center.
Although these are some of the ways people in Atlanta have been injured due to the property owner’s negligence, they’re not the only causes of premises liability lawsuits. Anything that causes someone to get hurt on another person’s property could end up in the courtroom, such as structural failings, falling objects, and faulty stairs or railings.
While most trips and falls result in only minor scrapes and bruises, falls can cause a concussion, broken bones, spinal cord damage, and many other serious injuries.
Who Is Responsible for an Injury in a Premises Liability Case?
The property owner is typically responsible for the injuries included in a premises liability case. Before we can prove the case, we need to establish four specific facts that will prove negligence on behalf of the property owner.
Identifying Unsafe Conditions
First, we need to prove that the conditions are unsafe. It’s often possible to do this using photographic evidence or surveillance footage of the accident that pinpoints the problem and proves that a safety issue existed.
The Owner Knew About the Conditions
We must prove that the owner was aware of the unsafe condition on the property or should’ve realized something was amiss if they were keeping up with routine maintenance as they should. Failure to keep up with maintenance shows that the property’s owner didn’t abide by their duty of care, thus putting others at risk when on the premises.
The Owner of the Property Failed to Fix the Problem
Upon proving that the property’s owner did know about the hazardous conditions that put others at risk, we need to prove that they failed to remedy the situation or provide a proper warning. Not providing a warning makes the property owner responsible for the injuries caused by their negligence.
If a property owner knows about safety risks, they need to remove or fix them, or else they’re held accountable for the injuries. The property owner needs to take steps to warn visitors until the hazardous condition is addressed.
Your Injuries Are a Direct Result of the Unsafe, Hazardous Conditions
We’ll also need to prove that your injuries are from the accident, whether you have broken bones, a concussion, damage to your spine, or internal bleeding. We use medical records, photographs of the injuries, and other in-depth information to prove that the accident caused by a property owner’s negligence left you with injuries that are impacting your way of life.
What if My Child Is Injured?
Injuries can happen to children because of unsafe conditions. Property owners have a legal responsibility to take measures to protect trespassing children from being hurt by enticing and dangerous objects or conditions on the property. These dangers are known as “attractive nuisances.”
For example, property owners in Georgia must have a fence around their pools. Not only do they need a tall fence to keep children from climbing, but it must also have a lock to prevent children from entering the pool unattended.
In addition, any fire pits or other large openings, such as water wells, must have a cover on them. Children are at risk of falling into these open spaces and sustaining injuries if there is no cover for them. Of course, these are only a handful of scenarios that often pertain to homeowners.
If it’s a construction site, there must be fences to block pedestrians from gaining access to the site, including children. If it’s a business, the property owner must take precautionary measures to prevent children from getting into anything that puts them at risk of injuring themselves.
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?
In the state of Georgia, you have two years from the date of the accident to file a personal injury lawsuit against the property’s owner. If you don’t file a claim before this deadline, you lose the right to recover compensation. There are shorter deadlines to meet if you want to file a claim against a government entity.
Don’t wait it out and allow the statute of limitations to run out. We advise you to call our office as soon as possible to discuss your options. When you consult with us, we’ll go over all the fine details of your case and provide you with the legal advice you need to make well-informed decisions.
Contact an Experienced Atlanta Premises Liability Lawyer Today!
Premises liability cases are more common than you might realize. If you’ve suffered from injuries because of a property owner’s negligence, you may now be struggling with expensive medical bills, pain, and lost income from missing work.
At SHElaw firm®, we understand you’re going through a lot and want to help you get the justice you deserve. Our legal team works on many premises liability cases throughout the year and would love to work with you to take action against the negligent property owner.
If you’re ready to receive professional legal advice and representation, call our offices today at 470-378-1162 or fill out our convenient contact form to set up a free consultation with an Atlanta premises liability lawyer.