Premises liability law generally deals with injuries occurring on someone else’s property due to the negligence of a property owner or manager or a possible unsafe condition. Property owners, managers, and occupiers are legally obligated to protect those that enter the property lawfully from foreseeable injuries.
If you or a loved one was injured while on someone else’s property in Gwinnett, GA, you might be eligible to file a claim and The Herro Law Firm can help with this. If you have any questions or are seeking advice regarding a possible premises liability case, you should get in touch with our offices today.
The experienced Gwinnett premises liability lawyers at The Herro Law Firm will help you determine whether or not you have a valid claim and how to proceed forward if you do. Call us today at (404) 433-6876 for a free consultation with a Gwinnett personal injury lawyer.
Do I Have a Premises Liability Claim?
Just because you were injured on someone else’s property, it does not automatically mean that you have a valid premises liability issue. A viable premises liability claim in Macon, GA typically involves a foreseeably hazardous condition that causes a preventable injury to take place.
If you have been injured on someone else’s property and you feel that the property owner or manager could have acted to remedy or at least warn of the danger to prevent the possibility of injury, but failed to do so, you likely have a case worth pursuing.
If you were injured due to a hazardous or dangerous condition on someone else’s property, the legal team at The Herro Law Firm can help. Call us today at (404) 433-6876 to set up a free consultation where we can review the circumstances of your accident and explain if you have a case worth pursuing.
Types of Premises Liability Cases We Handle
Property owners in Macon, GA and throughout the United States have a legal obligation to ensure that their property or establishment is maintained in a safe condition. Dangerous conditions usually occur when there’s little attention to maintenance leading to disrepair and unsafe conditions.
A property or establishment can have a variety of hazardous or dangerous conditions that may lead to personal injury or even wrongful death. Here are some of the most common premises liability cases that the Herro Law Firm has handled on behalf of injured clients:
Slip and Falls
Slip and fall cases involve personal injuries where an individual falls because a staircase, sidewalk, ramp, or floor isn’t properly maintained. The surface could be uneven, slippery, broken, or cracked. Perhaps dangerous debris wasn’t cleaned up, a water leak wasn’t repaired, warning signs weren’t used, or a spill was left unaddressed.
Dog Bites
Dog bite cases involve an unsecured or loose dog mauling or biting another person because the animal owner was negligent and/or failed to give warning of the dog’s likelihood of causing injury.
Escalator Accidents
A passenger may trip and fall or sustain other injuries because the escalator is poorly maintained, improperly installed, defective, or not regularly inspected. Escalator accidents could be caused by sudden acceleration or deceleration, excessive speed, nonfunctional emergency control, or protruding metal parts that may cause injury to passengers.
Elevator Accidents
If an elevator falls or stops suddenly after a sudden fall, it can cause serious injuries or even death to the passengers. The other common elevator accident involves the elevator door opening and the passenger falling down the shaft. A mis-leveled elevator that creates a dangerous tripping hazard is yet another common elevator accident.
Inadequate Security
Inadequate security cases involve being assaulted, injured, or otherwise attacked after the owner of a business fails to provide proper security to ensure that the facility is safe for patrons or guests.
Pool Accidents
Pool accidents involve excessive water near swimming pools causing injuries due to inadequate warnings or other factors. Others are drowning or near-drowning accidents resulting from poor child supervision and inadequately trained lifeguards.
Deck Collapse
Deck collapse cases involve falling from a deck due to poor maintenance, poor construction, poor inspection processes, or overloading. It is a frequent cause of premises liability injuries and fatalities.
Falling Merchandise
Head injuries may occur when merchandise on the upper shelves falls onto the customer.
What Are Some of the Common Injuries in Macon, GA Premises Liability Cases?
Private or public property can have hazardous elements that can harm you in a variety of ways. You may sustain a major or minor injury. In some instances, the injuries can lead to potentially life-changing conditions like spinal cord damage or even death.
Here are the typical kinds of injuries we have handled in Macon premises liability cases:
- Lacerations
- Foodborne Illnesses
- Back and Neck Injuries
- Head and Brain Injuries
- Torn Ligaments and Muscle Strains
- Drowning
- Electrocution
- Dog or Animal Bites
- Broken and Dislocated Bones
- Burns
If you or a loved one was injured while on someone else’s property, you might be eligible to file a claim. Get in touch with the experienced Macon premises liability lawyers at The Herro Law Firm if you have any questions or are seeking advice on the way forward regarding your case. Call us today at (404) 433-6876.
Who Is Responsible for an Injury in a Premises Liability Case?
Under the premises liability laws in Georgia, any property owner could be held financially liable for any injuries or damages resulting from their negligence. If you were harmed or lost a loved one on someone else’s property, the premises liability lawyers can also advise you on your rights under the law.
To prove your claim, we have to establish 4 facts:
- The property owner, manager, or occupier had a duty of care to keep the premises safe.
- The property owner, manager, or occupier breached their duty of care to a visitor, guest, customer, or another person lawfully present on the property.
- The negligence of the property owner, manager, or occupier to take care of the property directly resulted in the accident.
- Damages in the form of injuries and property losses resulted from the accident.
If the 4 elements above are met, we can help you build a strong case for your injuries that you or a loved one suffered injury from a dangerous or hazardous condition on someone else’s property because of their negligence or recklessness.
Call the Macon premises liability lawyers at The Herro Law Firm at (404) 433-6876 to learn how we can build a case against a property owner, manager, or occupier for the injuries that you or a loved one suffered.
What If My Child Is Injured?
Property owners in Georgia generally owe no legal duty to people trespassing on their property. Simply put, if you trespass on someone else’s property and sustain injuries, you can’t sue the property owner for not fixing the hazardous condition that caused your injuries.
When it comes to children, however, there’s an exception to the trespassing rule if the property contains a hazardous feature that would be attractive to children, which is also referred to as an attractive nuisance. The following features are likely to be considered an attractive nuisance:
- Deep pits
- Unattended swimming pools or ponds
- Old machinery
- Tall or raised structures
- Ladders or something that can be easily climbed
Potential hazards like these should be secured so that children cannot hurt themselves. For example, pools need to be fenced and locked. The fence should be high enough that a child cannot climb it easily.
Our premises liability lawyers can hold property owners liable for injuries to children when the following conditions are met:
- The property owner either knew or had reasons to believe that children were likely to trespass on their property.
- The property owner either knew or had reason to believe that a condition on the property presented a risk of serious injury or death to children.
- Children wouldn’t know about or appreciate the gravity of the risk or hazard present on the property.
- The property owner didn’t act to address the danger or otherwise ensure that potential child trespassers are adequately protected.
If your child sustained serious injuries on someone else’s property, your family may be entitled to compensation for all associated damages. Fortunately, the Macon premises liability lawyers at The Herro Law Firm can help you pursue compensation. Call us today at (404) 433-6876 to schedule a free consultation.
What if I Was Injured at My Workplace?
If you were injured at your workplace, then it is generally understood that you are entitled to workers’ compensation. What you might not know, however, is that you may be entitled to separate compensation in addition to workers’ compensation if you were hurt due to a hazard created by someone else besides your employer.
Workers’ compensation benefits typically cover medical expenses, lost income, and disability. Workers’ compensation typically covers up to two-thirds of your wages. If a workplace injury causes the death of a worker, then their family may receive compensation on their behalf along with compensation for funeral and burial costs.
In some cases, you can file a claim against a third party. 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?
Yes. Georgia sets specific time limits regarding the amount of time that injured victims have to file a premises liability claim. This time limit is referred to as the statute of limitations. The statute of limitations for premises liability claims in Georgia is 2 years, which starts from the accident date.
In some instances, however, this 2-year period could be extended.
If the injured individual is less than 18 years of age, the statute of limitations is extended until the person reaches the age of 18. However, the minor’s parents have just 2 years from the injury date to pursue a claim for medical expenses.
If the injured individual is deemed legally incompetent as a result of intellectual disability or mental illness, the statute of limitations can be extended until the disability is resolved.
Contact Our Macon Premises Liability Lawyers Today!
If you have been injured on someone else’s property in Gwinnett, GA, the experienced and knowledgeable premises liability lawyers at The Herro Law Firm can advise you on your rights and work with you to pursue a favorable outcome.
We have represented victims in such cases throughout Macon for many years. We have a proven track record of helping injured individuals pursue maximum compensation for all types of injuries. Call us today at (404) 433-6876 to schedule a free, no-obligation consultation with our lawyers.
