Decatur Premises Liability Lawyer

Decatur Premises Liability Attorney

Expecting a certain degree of safety when visiting somebody else’s home or place of business is not unreasonable. When you are in an unfamiliar place, the last thing you should have to worry about is whether you will suffer an injury due to someone’s negligent behavior. You should be able to expect and trust that the property owner is effectively maintaining their property, keeping it free of unaddressed hazards. If that expectation isn’t met, you may want to speak with a Decatur premises liability lawyer.

An experienced Decatur personal injury lawyer can use their focused knowledge and wealth of experience to provide the help you need to fight back against negligent property owners, homeowners, and business owners who may try to take advantage of you. When property owners fail to adhere to safety precautions and reasonably maintain their properties, people are at risk of getting hurt. It could be an uneven sidewalk, a broken staircase, or even a wet floor.

What Is Premises Liability in Decatur, GA?

A premises liability situation occurs when you are injured in somebody’s home, place of business, or anywhere on the premises because of the property owner’s failure to exercise reasonable safety precautions. Premises liability lawyers hold those property owners accountable for their actions and inactions by proving their negligence.

When you can effectively demonstrate that the property owner knowingly failed to act accordingly, causing your accident and injury, you prove negligence.

There are numerous examples of premises liability cases that you may not be familiar with. For instance, if there is a wet floor in a supermarket that is unblocked as a hazard and has no warning sign, it represents a possibility of a premises liability case if somebody were to slip on it and injure themselves. The property owner could be at fault if that person decides to take legal action under premises liability.

Common Premises Liability Cases in Decatur, GA

Any situation where someone is harmed while on a property due to the property owner’s negligent behavior can possibly result in a premises liability case for that owner. If you believe you have a strong case against a property owner, you may want to consider reaching out to a premises liability lawyer and building a case for compensatory damages.

Here are some of the most common forms of premises liability cases that a lawyer might handle:

• Slips, Trips, and Falls: One of the most common forms of premises liability incidents is a slip, trip, and fall. Anyone can slip on a wet floor and seriously hurt themselves in a bad fall, and it can happen at any time. A slip, trip, and fall accident can happen due to poorly cleaned floors, bad lighting, uneven sidewalks, broken staircases, potholes, or even loose carpeting. Contact our Decatur slip and fall lawyers today.
• Dog Bites: Since dogs are considered the property of their owners, many dog bite cases fall under premises liability. The dog’s owner can be held responsible for any damages their dog causes you or your property. If a dog attacks you on the owner’s property, they could be held liable under premises liability, particularly if the owner knew their dog was dangerous and didn’t warn you about it.
• Swimming Accidents: It is not uncommon for accidents to happen at swimming pools. It is the pool owner’s responsibility to prevent them from happening. Pool owners may prevent accidents by hiring lifeguards, posting warning signs, putting up a fence, and maintaining additions, such as diving boards or slides. If anyone gets hurt at a pool, particularly a public pool, the owner could be found liable.

Statute of Limitations

If you decide to pursue legal action for a premises liability claim, it’s important to remember that these cases are largely considered a form of personal injury. With that in mind, you should be sure to adhere to the two-year statute of limitations for personal injury cases in the state of Georgia. The state will give you two years to establish grounds for your claim, build a substantial case, gather the evidence you need, speak with a premises liability lawyer, and file the claim.

If you are unable to file your claim before two years have passed, there is a chance that your claim will be denied, your case will be dismissed, and your chance to seek compensatory damages will pass by with no legal action taken. Building a solid premises liability case can take time, so you may want to begin as soon as possible. If you are concerned about the strength of your case, you can take it to a premises liability lawyer to have it reviewed.

Proving Negligence in Your Case

In many situations, proving negligence in your case can be easier said than done. Even if you are fully aware that the property owner in question failed to warn you of a hazard that caused your injury, proving this negligence is another matter entirely. To demonstrate that negligence was a factor in your case, you will have to prove the following key elements:

• The property owner owed you an expected duty of care as a customer or visitor.
• There was a hazard on the property that posed a threat to everyone’s safety.
• The property owner knew about this hazard but made no efforts to fix or address it.
• The owner’s failure to act directly led to your injury.
• You incurred damages because of that injury.

Negligence may appear obvious in some cases, but your attorney will need to provide substantial evidence that directly proves negligence to succeed in your case. The more evidence you have, the higher the likelihood of a favorable outcome in your case.

Intruders and Trespassers

Generally, protection under premises liability in Georgia does not extend to intruders, burglars, trespassers, and anyone else who is on the property illegally at the time of the accident. Property owners are not expected to provide any level of care or caution to trespassers, as they are not invited to be on the property. In fact, property owners may not even know they are on the property until something happens.

In extreme cases, premises liability protection may extend to trespassers if the property owner created a situation that was likely to cause the trespasser serious injury or death.

Decatur Premises Liability FAQs

Q: What Is the Statute of Limitations for Premises Liability Cases in Decatur?

A: The statute of limitations on premises liability cases in Decatur is two years. You have two years from the time of the incident to develop your 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 before two years have passed, there is a good chance your case will be dismissed, and you will be unable to seek compensation.

Q: What Is the Premises Liability Law in Georgia?

A: The premises liability law in Georgia upholds the concept that property owners should be held legally responsible for any injuries or deaths that happen on their property as a result of their negligent behavior. It is the property owner’s responsibility to maintain a safe environment for everyone who is on their property legally, particularly visitors and customers. Failure to practice caution can result in significant legal action.

Q: What Is the Difference Between Premises Liability and Personal Liability?

A: The main difference between premises liability and personal liability is how it applies. Premises liability deals with unsafe conditions and negligent behavior in a home or place of business, while personal liability refers to one’s own actions that led to a negligent situation. There are various situations where someone could be held personally liable for an accident, such as a car accident, medical malpractice case, or a manufacturing problem. Premises liability largely deals with location.

Q: Why Is Premises Liability Important?

A: Premises liability is important because it holds people accountable for their actions. It is important to make sure the right people are found liable for their mistakes, as it helps ensure a similar situation won’t happen to somebody else. In addition, premises liability allows you to receive compensation for what happened to you, which you may need to pay for medical bills or property damage, depending on the situation.

Reach Out to a Decatur Premises Liability Lawyer Today

Property owners are expected to exercise a certain degree of care and safety toward their visitors or customers. This should not be an unreasonable request. If an owner fails to adhere to basic safety precautions, they may be held liable for any accidents or injuries that occur as a result of that failure. An experienced premises liability lawyer can make sure your case is taken seriously and treated with respect.

The legal team at Merritt & Merritt Law Firm understands that you need effective and aggressive legal representation to take on a property owner in a premises liability case. We can help you build a solid case, gather the evidence you need, and make sure your interests are protected throughout the duration of your case. Contact us to schedule a consultation with a valued team member today.