Accidents on others’ property happen all the time and the consequences can range from fairly mild to life-changing depending. Under premises liability law, property owners and managers have a responsibility to deal with potential safety risks. If they don’t, victims have the right to seek compensation.
Many of our clients are not even aware they have this right or are otherwise reluctant to seek compensation. This could be because their accidents occurred at a neighbor’s house or a friend’s commercial location. No one wants to “sue” someone they know and care for.
The important thing to know is that premises liability is generally about dealing with insurance companies who have already collected many payments in anticipation of this eventuality. Insurance providers are “for-profit” organizations and are reluctant to make their promised payouts without a very good reason. Our Atlanta premises liability lawyers at The Herro Law Firm are here to help you.
If you have been involved in an accident on someone’s property and want to find out if you can recover compensation, call our Atlanta personal injury lawyers at (404) 433-6876 today and arrange for a FREE consultation.
Do I Have a Premises Liability Claim?
It is generally understood that the person, or entity, who owns, lives, or leases a property is responsible for the safety and security of those they allow to visit this property. Should an accident occur on the property that results in injuries to a visitor, the victim may have legal grounds for a premises liability case.
Just because you were injured on someone else’s property, it does not automatically mean that you have a valid premises liability issue. To win a premises liability case, you will have to prove that the property owner acted “negligently” and this “negligence” was the cause of your injuries. You also need to show that you were not trespassing and had a legal right to be on the property.
A solid premises liability case can be established through all types of evidence that you must set about collecting in the wake of an accident. Medical records, photos, parking stubs, eyewitness testimony, and police reports can all form part of this collection of evidence.
What Are Common Types of Premises Liability Cases?
At The Herro Law Firm, we have handled all kinds of premises liability cases over the years. Some of the most common premises liability cases we see include:
- Slips and falls — Obstacles, spills, and other hazards can cause even a surefooted individual to fall flat.
- Tripping on an uneven surface or unmarked step — Uneven surfaces and unmarked steps can cause trips, falls, and injury.
- Faulty stairs or railings — If safety railings, banisters, and handrails are not secure, people could suffer serious injuries.
- Children injured while playing in an unsafe area — Children can be injured by hazards that catch their interest like pools, deep holes, construction sites, and other dangerous locations.
- Being hit by a falling object —Head injuries may occur when merchandise on the upper shelves falls onto the customer.
- Escalator and elevator accidents — Escalators and elevators are dangerous if they are defective or not properly maintained.
- Structural failings that lead to an injury — Unsafe structures often result from improper construction. When these structures fall, people standing on and below them are in danger.
What Are Common Injuries in Premises Liability Cases in Atlanta, GA?
Private or public property can have hazardous elements that can harm you in a variety of ways. 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 Atlanta premises liability cases:
- Foodborne Illnesses
- Back and Neck Injuries
- Head and Brain Injuries
- Torn Ligaments and Muscle Strains
- Dog Bites
- Broken and Dislocated Bones
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 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?
Accidents in premises liability cases are typically the fault of the property owner, but it will be their insurance provider that must make the payments for compensation. Every property owner has a duty of care, which means they must take reasonable precautions to ensure that the property is safe for visitors.
To prove your premises liability claim, four facts will have to be established:
- The property was unsafe in some way.
- The property owner was aware of the hazardous situation or would have been aware if they had been properly caring for their property.
- The property owner did not take reasonable steps to address, repair, or remove the danger or warn visitors of the risks.
- The hazardous situation on the property caused the injury.
If these four elements are established, the property owner can rightly be called negligent, which, by legal terms, means your injuries would not have been caused had they been reasonably careful. This negligence makes them liable for any damages you have sustained.
In some cases, the responsibility for the accident may be shared among a variety of parties, like contractors, tenants, and property managers. The Herro Law Firm will conduct a full investigation into the matter and help you identify the parties responsible for your injuries.
What if My Child Is Injured?
When it comes to the premises liability in Georgia, trespassers generally cannot sue if they suffer an injury because of an unsafe condition on a property. However, children are naturally attracted to some dangerous things or places. In legal terms, these hazards are called “attractive nuisances.”
Adults must be extra careful when protecting children from hazards on their property. Pools, construction areas, wells, pits, and other dangers must be made unreachable to children. For example:
- Pools or any other hazardous locations should be surrounded by a fence that a child could not climb.
- Pits, wells, and deep holes should be covered with something a child could not lift or open.
- Constructions sites should be secured so children cannot enter.
What if I Was Injured at My Workplace?
If you are injured in the workplace, Georgia law allows you to seek worker’s compensation to cover the costs of medical treatment and a percentage of your lost income. By law, businesses with three or more employees are required to purchase worker’s compensation insurance.
There are some important differences between workers’ compensation and personal injury claims. Except in very rare cases, injured workers cannot file a personal injury case against their employer.
Worker’s compensation is a no-fault system. This means that certain benefits are guaranteed to injured workers no matter who was responsible for the injuries they sustained. In other words, you don’t have to prove the employer was negligent. But it also means that the employer is immune to lawsuits from injured workers.
Some losses are covered in personal injury that is not covered in worker’s compensation. For example, in a premises liability claim, you may receive damages for “pain & suffering” sustained in the accident. This damage would fall under the category of “non-economic” damages which are not covered by worker’s compensation.
In some cases, you can pursue a premises liability claim in addition to workers’ compensation if you were hurt due to a hazard created by someone else besides your employer. 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.
How Much Time Do I Have to File a Liability Claim?
Different states have different laws about the time in which lawsuits must be filed. This is called the statute of limitations. In Georgia, the statute of limitations for premises liability claims is two years. But it is not a good idea to wait until the very last minute to file your claim. Your case will enjoy the greatest chances for success if you begin as soon as possible.
Call (404) 433-6876 and arrange a FREE consultation with our seasoned Atlanta premises liability lawyers. We have the experience to file these claims and observe all time constraints.
Call the Atlanta Premises Liability Lawyers at The Herro Law Firm!
An accident can happen at any time. But our society has taken that into account and created laws that allow victims to be properly compensated. But exercising your rights to compensation requires experience and skill. Having an experienced legal professional to help you navigate the particulars of premises liability law can prove invaluable for your case.
If you have been injured in a commercial location or another person’s property, don’t hesitate to exercise your right to compensation. Call The Herro Law Firm at (404) 433-6876 to arrange a free consultation with our premises liability lawyers in Atlanta. We will examine the details of your case and advise you on the best way forward.