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 Warner Robbins premises liability lawyer to help you.
At The Herro Law Firm, we handle a large number of premise liability cases throughout central Georgia. Our legal team understands the state legislation and the responsibility that it places on property owners. 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.
All sorts of accidents and violent acts can occur on a property that is not maintained or secured. Victims can spend hundreds of thousands of dollars on medical bills and treatments that last a lifetime. It’s reasonable that the property owner should provide compensation for allowing these incidents to occur.
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 Warner Robbins personal injury lawyers at (404) 433-6876 today to schedule a free consultation.
Do I Have a Premise Liability Claim?
That depends entirely on the circumstances of your accident and the injury it caused. Simply being injured on another person’s property is not enough to file a premise liability claim.
It needs to be shown that there was a hazardous element that the property owner ignored or failed to warn you about. If your injury was caused by an unsafe aspect of the property that you were not warned about, then it is very likely you have a case and can seek compensation.
What Are Common Types of Premises Liability Cases in Warner Robins?
A wide range of different accidents and injuries are possible depending on the type of property. Injuries can be very mild like a sprain or fracture. They can also be very extreme like spinal cord injury that leaves the victim paralyzed. In either scenario, if the injury has cost you significantly, then you should consider your legal options with the help of a professional attorney.
Here are the most common types of accidents we encounter regularly:
Slip & Fall Accidents
Many slip and fall cases involve a wet surface that was not properly labeled. For example, a grocery store that mopped the floors and did not place a “wet floor” sign. If someone slipped on that wet surface and was seriously injured, then they can file a premise liability claim.
These types of accidents commonly involve uneven floors or unlabeled steps. Not every step in a building needs to be labeled. However, if it is in a common area and is difficult to see, then it poses a risk and should be labeled.
The only thing worse than an unlabeled step is a faulty stair. Damaged stairs and railings can pose a serious risk for people at the top.
Children Injured in an Unsafe Area
Unfortunately, adults aren’t the only people who can be injured on unsafe property. You can still seek legal compensation if it was your child who was injured because of the property owner’s negligence.
Accidents involving falling objects are fairly common on construction sites without proper warnings posted. They can involve falling tools or building materials. These accidents can also occur in buildings where ceiling fixtures are not properly maintained.
Many different types of injuries, both minor and severe, can occur in an elevator or escalator. If they happen because the equipment was not properly maintained, then there is a foundation for a premise liability claim.
Building owners should be aware of any potential structural failings on their properties. These hazardous areas need to be properly separated from the public and addressed as soon as possible. Some building owners choose to ignore them entirely until they inevitably cause a serious injury.
Who Is Responsible for an Injury in a Premises Liability Case?
As Warner Robbins premises liability lawyers, part of our job is to determine who is responsible for your injuries. We want to discover who owned the property, whether they kept the property maintained, and whether they were aware of any risks to the public.
There are 4 essential facts that we must establish if want to prove your premises liability claim.
Unsafe Condition on the Property
First, we must show that there was an unsafe condition on the property. This could include any of the factors mentioned early, such as structural failings, faulty railings, or damaged elevators. We must be able to identify the specific element on the property that led to the injury.
The Owner Knew or Should Have Known
We must show that the owner knew about this condition or that they reasonably should have known if they were maintaining the property. We need to prove that the defendant was well aware of the risk on their property and chose to do nothing about it. Either that or they didn’t know simply because they were negligent, which is just as bad.
Failure to Fix the Issue or Warn You
That the property owner did not warn you about the danger nor did they remove the danger. If a property owner is aware of a serious risk on their property and does nothing to warn the public or prevent injury, they need to be held accountable.
The Unsafe Condition Caused Your Injury
We must show that the unsafe condition is directly responsible for your injury. This is the final piece of the puzzle. We need to show that it was the unsafe condition that caused the injury and not a personal mistake or external element.
What if My Child Is Injured?
None of us want to imagine the horrible reality of our children being seriously injured. Unfortunately, it happens to many parents throughout Georgia every day. Do not hesitate to contact our staff if your child has been injured due to the negligence of a property owner.
Property owners are expected to take steps so that children won’t be hurt by “attractive nuisances,” things that are enticing to children but also dangerous. Here are a few of the common kid-friendly safety measures that property owners are expected to enforce.
Unused Areas Should Be Fenced Away
The fence should be tall enough that a child cannot easily climb over to the other side. It should also remain locked. Unused areas that pose a risk include drained pools, basement stairwells, and abandoned wells.
Open Hazards Should Be Covered
An open pit or well is an incredibly dangerous element for a young child. Even if fenced off, the opening should still be covered. Whatever covering is used should be heavy or secure enough that a child cannot remove it.
Construction Sites Should be Fenced Off to Prevent Children from Entering
This has become a common issue throughout Georgia. Construction sites begin work without taking the time to properly fence off the area. Pedestrians wander through the area and are eventually injured. Sometimes, it’s children outside playing who accidentally enter the construction area.
What if I Was Injured at My Workplace?
Injuries that occur at your official place of work are a little different. In Georgia, any company with more than 3 regular employees is required to have a workers’ compensation insurance policy. This insurance policy protects both the company and the employees. Injured workers can claim workers’ compensation benefits without having to prove the employer was at fault, while companies are protected from lawsuits.
If you are injured at work and your employer has workers’ compensation insurance, then you will be unable to file a premises liability claim. However, that does not mean you are unable to receive compensation for your injuries. It simply means you will need to file a workers’ compensation claim.
In some cases, you can file a claim against a third party if you were hurt by a safety hazard that someone other than your employer is responsible for. 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.
Is There a Deadline For Filing a Premises Liability Claim?
A premises liability claim is still considered a type of personal injury claim. That means it has the same statute of limitations as any personal injury claim, which is 2 years from the day the injury occurred.
Contact an Experienced Warner Robbins Premises Liability Lawyer!
Have you or your children been injured because a property owner neglected their duties? Perhaps they didn’t properly maintain their property, remove dangerous hazards, or place adequate warning signs. Whatever the reason, if they are responsible for your injuries then they should be responsible for the compensation too.