Every property owner in Georgia has a legal responsibility to ensure the safety of anyone who visits the property. This applies to residential property owners, apartment complex owners, retail store owners, and even parking garage owners. If you are injured on someone’s property, then you may have a claim for financial compensation. However, you need a skilled Milledgeville premises liability lawyer to help you.
At The Herro Law Firm, we have helped hundreds of clients fight for their rightful compensation when greedy business owners and insurance companies didn’t want to pay a dime. Our legal team understands the law in Georgia and put forth a strong case.
If you’ve suffered an injury on someone’s property and believe they may be at fault, then you need a premises liability lawyer. Call our Milledgeville personal injury lawyers at (404) 433-6876 today to schedule 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 Injuries in Premises Liability Cases in Milledgeville?
You are going to want to recognize the type of damage that was done to you physically. Each situation is going to be different and that is why it’s important to be aware of what can happen and what your legal rights are going to be in a situation such as this one.
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:
- Faulty Railings Or Stairs.
- Slips And Falls On Wet Surfaces.
- Escalator/Elevator Accidents.
- Structural Failings.
- Children In An Unsafe Area Getting Hurt.
- Uneven Surface Or Unmarked Step.
- Falling Object Causing Injury.
While these are just some of the injuries that come under this category, you are going to want to be as diligent as possible with the medical records and evidence. This is information that is going to make your case go ahead the way you want it to.
With our help at Herro Law, you are going to know things are going to work out as intended. We will position your case in a way that is going to yield tremendous results and will fill you with confidence as soon as the process begins.
Who Is Responsible for an Injury in a Premises Liability Case?
Many people can be at fault in case of an accident. Property owners are responsible for most of the premises liability cases in Georgia. They can be financially liable for injuries that would not happen if they’d fixed building problems.
To prove your claim, our Milledgeville premises liability lawyers have to establish four facts.
There Was Some Unsafe Condition on the Property.
Some conditions are potential causes of harm. Exposed electrical lines or open sockets are a potential hazard. Our reputable premises liability attorneys near Milledgeville must establish that the leaking water from the freezer or pipes caused your slip and fall accident.
The Owner Knew About the Condition or Should Have Known.
You must prove that the Owner knew about the condition or should have known if they properly cared for the property. An owner must know the condition of their premises. Sometimes they are aware of an uncovered hole or a leaking pipe. If someone gets hurt because of their negligence, they are financially liable.
The Owner Did Not Fix the Hazardous Condition or Warn You.
In such cases, a property owner intentionally refuses to fix a hazard and puts residents and visitors in harm’s way. If they are unable to remove or fix the hazard, the property owner should warn visitors about the hazard.
An owner who fails to address safety issues or warn visitors of potential danger may be liable for injuries. Note that if a store owner doesn’t warn shoppers about a slippery floor immediately after cleaning it, they may be liable for their injuries.
You Were Injured Due to the Unsafe Condition.
You must prove that you were injured because of the unsafe conditions, and not some other cause. At The Herro Law Firm, our premises liability lawyers will go above and beyond to ensure you get maximum compensation after such injuries. We will work tirelessly to find evidence that an unsafe condition at the premises led to your injuries.
What if My Child Is Injured?
It’s common for children to play in unsafe areas or abandoned buildings if they get the chance. Certain things that may clearly look dangerous to an adult, such as an empty pool, a deep pit, or a half-finished building — may entice and attract a child. This is the basis of the attractive nuisance doctrine.
Adults know better than children. We can avoid dangerous situations because we are aware of the risks. This isn’t the same case when dealing with kids. This is why property owners have a legal duty to keep their premises safe in the event that children trespass onto the property.
Any potential hazard must be secured in a manner that no child could possibly gain entry into, or hurt themselves.
Here are safety measures that property owners must take to secure such areas.
- An owner should secure any potential hazard in a way where no child can enter or hurt themselves.
- Unused areas like drained pools should have a fence and be locked. The fence should be high enough that a child cannot easily climb it.
- They should cover hazards like an open well or pit with something that a child cannot lift or open.
- Construction sites should be secure so that children cannot enter.
What if I Was Hurt 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. 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.
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.
Is There a Time Limit for Filing a Premises 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.
Hire the Best Milledgeville Premises Liability Lawyer!
Every property owner in Georgia has a legal responsibility to ensure the safety of anyone who visits the property. This applies to residential property owners, apartment complex owners, retail store owners, and even parking garage owners.
All sorts of accidents and violent acts can occur on a property that is not well maintained or secure. Victims can spend hundreds of thousands of dollars on medical bills and treatments that last a lifetime. It’s only fair that the property owner should provide compensation for allowing these incidents to occur.
If you have been hurt because of a careless property owner or manager, it’s important to look at going with a premises liability lawyer who can deliver world-class results. If the goal is to make sure you are choosing the best Milledgeville law firm, then it is time to look at what we can do for you.
Start with us at The Herro Law Firm and know you are in good hands. We will put together a solid strategy and fight for the full compensation you’re entitled to under the law. Under our contingency fee arrangement, you pay nothing unless we win your case.
You can reach out to us at (404) 433-6876 for a free case review.