Atlanta Premises Liability Lawyer

Atlanta Premises Liability Attorney

It is not unreasonable to want a property owner to adhere to an acceptable degree of safety precautions. When you are in somebody’s home, place of business, or otherwise on their property, the last thing you should be concerned about is whether you could have an accident because of their bad judgment or negligent behavior. Trusting a property owner to keep you safe is reasonable. If these expectations aren’t met, an Atlanta premises liability lawyer can help.

Enlisting the help of an experienced Atlanta personal injury lawyer may be the most important decision you can make for your case. Having someone who can use their wealth of experience and knowledge to help you in your fight against a property owner who is trying to take advantage of you can make all the difference. When property owners fail to keep their visitors and customers safe, people can get hurt, sometimes irreparably.

What Exactly Is Premises Liability?

A premises liability case arises when you are injured on somebody’s property, whether it’s their home or business, and the injury was directly caused by the property owner’s negligent behavior or lack of precaution. These cases happen when a business owner simply refuses to adhere to proper safety protocols, and somebody is hurt because of that decision.

A premises liability lawyer can help you hold these property owners accountable for their actions and make sure you are properly compensated for your damages.

Various situations can lead to premises liability cases. For example, if there is a wet floor in a grocery store that nobody has cleaned up or blocked off with a sign, it could result in a premises liability case if someone were to slip and fall on that wet floor. If the victim were to pursue a personal injury case against the owner, that owner could be held liable under the state’s premises liability law.

Common Premises Liability Cases in Atlanta

Any situation that results in someone being injured on somebody else’s property could result in a premises liability case, generally, only if the property owner was intentionally negligent. If you believe you have a strong premises liability case against a property owner that caused you harm, you should bring your case to a premises liability lawyer who can help you move forward.

Here are some common forms of premises liability cases:

• Slips, Trips, and Falls: A sudden slip, trip, and bad fall can be one of the most common forms of premises liability. It can happen anywhere, to anyone, and for any number of reasons. Slips, trips, and falls can be the result of a wet floor, uneven sidewalk, poor lighting, broken staircase, loose carpet, or even a pothole. Contact our slip and fall lawyers in Atlanta.
• Dog Bites: Dogs are generally considered the property of their owners. That means the dog owner is responsible for whatever damages their dog causes you or your property. If you are attacked by a dog on the owner’s property, the owner could be found liable under premises liability laws, particularly if the owner knew about the dog’s violent tendencies but didn’t inform you.
• Swimming Accidents: It is a pool owner’s responsibility to do whatever they can to prevent drownings and other pool accidents, particularly at a public pool. Actions to prevent these situations include hiring lifeguards, building fences, posting warning signs and pool rules, and keeping diving boards maintained. If anyone is hurt, the owner of the pool could be found liable under premises liability laws.

Statute of Limitations

When you decide to contact a premises liability lawyer and pursue legal action for your situation, you may want to keep in mind that premises liability cases are largely considered a form of personal injury. That means you need to adhere to the state of Georgia’s statute of limitations for personal injury claims, which is two years.

You have two years from the date of your accident to establish grounds for your claim, develop a strong case, gather the necessary evidence, speak with a premises liability lawyer, and file a claim for compensatory damages. If you are unable to file your claim within the two-year timeframe, there is a chance your claim will be denied, your case will be dismissed, and you will lose your chance to seek compensation.

It can take a great deal of time to build a substantial premises liability case, so you may want to start building yours sooner rather than later. If you are concerned that your case is not strong enough to pursue, you should bring those concerns to an experienced premises liability lawyer for advice. Your case may be stronger than you believe.

Proving Negligence in Your Case

Proving negligence in your premises liability case can be challenging. You may be fully aware that the property owner failed to warn you of a known hazard, but proving it in court may be a different matter. To prove that negligence was a factor in your case, you will need to demonstrate the elements of negligence as they appear in your case, which may include:

• The property owner owed you an expected duty of care as a customer or a visitor.
• There was a hazard on the property that posed a serious physical threat or health risk to others.
• The property owner knew about this hazard and made no effort to address it.
• The property owner’s failure to act directly led to your injury.
• You are owed compensatory damages because of your injury.

Of these elements, it may be a challenge to prove the owner was aware of the hazard on their property. Oftentimes, a hazard may not be visible to an untrained eye or may be present in an area of the property that makes it difficult to see.

Trespassers and Intruders

In most cases, premises liability protection does not extend to intruders, burglars, trespassers, or anyone else who is on the property illegally at the time of an incident. Property owners are not expected to give any degree of care or attention to people who are trespassing on their property, since they are not legally invited to be on that property. Most of the time, property owners may not even know that someone is trespassing.

In extreme cases, premises liability protection may extend to trespassers if they are severely injured as a result of the property owner’s actions. If an owner creates a situation that results in a trespasser being badly wounded or killed, they could be held liable.

Atlanta Premises Liability FAQs

Q: What Is the Minimum Required Coverage for Premises Liability Insurance in Atlanta, GA?

A: Under Georgia state law, there is no minimum coverage requirement for premises liability insurance. Property owners are simply expected to exercise a reasonable duty of care on their property, especially when visitors or customers are present. Property owners have to take the proper steps to identify and correct any dangerous hazards or potential problems on their property. Failure to do so could result in a premises liability case for all involved.

Q. How Much Does It Cost to Hire a Premises Liability Attorney?

A. The cost of hiring a premises liability attorney varies from case to case. Typically, lawyers charge different fees based on the complexity of a case, the expected duration, and other related factors. Additionally, a lawyer’s fees may take into consideration their level of experience and skill, location, and the legal services that are necessary for a given case.

Q. Can I File a Premises Liability Claim if I Am Partially at Fault for the Accident?

A. You may still file a premises liability claim even if you are partially at fault for the accident that caused your damages. Georgia follows a modified comparative negligence rule, meaning you may still recover compensation as long as you don’t hold a certain amount of fault; however, your compensation will be reduced by your amount of fault. If you could have reasonably avoided the accident caused by an owner’s negligence, you may not be entitled to any recovery.

Q: How Can I Prove Negligence in a Premises Liability Case?

A: There are many different ways you can prove negligence in your premises liability case in Atlanta, GA. Gathering sufficient evidence to prove your claim can be difficult, but it is vital to the success of your case. If you can find audio or video footage that shows the defendant failed to warn you of a hazard or danger on their property or have a witness who can confirm your story, it can do a lot for your case.

Reach Out to a Premises Liability Lawyer Soon

Property owners are expected to provide their visitors and customers with the bare minimum protection from safety hazards. This is not an unreasonable request. Failure to provide that protection to legal visitors can result in substantial legal action being brought against the property owner. An experienced premises liability lawyer can help you establish a case and pursue damages.

The legal team at Merritt & Merritt Law Firm understands the kind of legal assistance you need to challenge a property owner in a premises liability case. We can help you develop your case, gather evidence, and make sure your interests are protected throughout. Contact us to schedule a consultation as soon as possible.