Atlanta Premises Liability Attorney and Lawyer in GA
Understanding Your Rights as an Injured Victim
The term “premises liability” refers to the duty that a property owner has to their visitors to keep their premises in a reasonably safe condition. Customers or “Invitees” have an expectation that the premises will be free of hazardous conditions or that warnings will be posted to advise them that a dangerous condition exists. A property owner, manager and their staff should constantly be on alert for potential danger and has an ongoing responsibility to protect their visitors from foreseeable harm.
Anyone who has been injured or lost a loved one due to the negligence of the owner or manager of a property should discuss the matter with an Atlanta premises liability lawyer from our firm at once. At Henningsen Injury Attorneys, P.C., our personal injury attorneys are backed by more than fifty years of experience and are dedicated to helping victims of avoidable injuries obtain fair compensation for the harm that they have suffered.We are available 24/7! Call 404.800.6356 now for your free consultation with our Atlanta injury firm.
Types of Premises Liability Cases in Atlanta, GA
Premises liabilities may include a large variety of claims and situations, with claims occurring on both commercial and residential properties. In Atlanta, Georgia, the most common types of premises liability cases are:
Slip and Fall Accidents
Slip and fall injuries are all too common in the USA, and as stated by the Centers for Disease Control and Prevention (CDC), one in every slip and fall accident causes a serious injury. Slip and fall accidents typically occur due to slippery surfaces, uneven sidewalks, broken curbs or potholes, shallow stairs, or changes in the flooring surface.
If you are the victim of a slip and fall accident, it could take you a month to fully recover, or you may never recover your normal functionality before the injury happened. Additionally, the costs of treatments can add up to a worrying amount of money or may require medical intervention.
Suppose you were involved in a slip and fall accident due to an unsafe environment. In that case, it is recommended you take legal actions against the property owner, company, or store owner by seeking the legal representation of an Atlanta premises liability lawyer.
In the United States, there are more than 89 million dogs, and nearly 4.5 million dog bites occur every year. The state of Georgia has one of the ten highest dog bite claims each year. If the dog owners were careless and let their dogs roam freely, they may be held liable. Under Atlanta law, within the city limits, all dogs need to be on leashes while in public spaces at all times unless they are taken to parks for dogs. Choosing to walk your dog off the leash may lead to a citation from the Atlanta City police.
Schools or Daycare Injuries
Schools or daycare injuries may arise in various circumstances and can happen in a playground, classroom, or somewhere else on the property. If a child is involved in an incident and is injured, the case will be complicated. By hiring one of our top-rated premises liability attorneys, you will ensure that your child is given the needed level of care and fair compensation.
Nursing Home Injuries
According to the Nursing Home Abuse Center, nursing home abuse has had a significant increase recently throughout the country. Some experts have estimated that one in ten seniors suffer a form of abuse, while other studies show that 2,000 nursing homes in the United States have a neglect rate of almost 95% and an abuse rate of 44%.
Your loved one should not tolerate any amount of abuse, be it physical or mental. As soon as you notice something unusual happening to your family member, contact one of our Atlanta premises liability lawyers to get justice and prevent such incidents from happening again. An Atlanta premises liability attorney will assist you when filing for damages and help you recover the losses incurred by medical costs and compensation for pain and suffering.
Negligent security comes with a wide range of consequences. From robbery, theft, and property damage to rape, assault, or murder, these premises liability claims may arise when a person is the victim of a crime on another’s property. Such accidents can occur in apartment complexes, gas stations, schools, college campuses, or government entities, so the law requires property owners to take special measures to protect their visitors from any security threats.
If you or anyone you know has been the victim of a crime caused by negligent security. It is critical to understand that according to Georgia laws, you can sue the property owner for damages. You may be entitled to receive compensation for medical bills, property damage, lost wages, physical and emotional pain and suffering, or future earnings.
Swimming Pool Injuries
Nine people drown every day in the United States, and drowning is the second-leading cause of accidental injury-related death among children aged 1-14.
Georgia’s premises liability law O.C.G.A. 51-3-1 reads ‘Duty of owner or occupier of land to an invitee: Where an owner or occupier of land, by express or implied invitation, induces or leads others to come upon his premises for any lawful purpose, he is liable in damages to such persons for injuries caused by his failure to exercise ordinary care in keeping the premises and approaches safe.‘
In Atlanta, every pool owner must meet a set of minimum safety requirements, including pool barriers, lifesaving equipment, a minimum of one watt of underwater lighting per square foot of pool surface, and permanently, easily-readable depth markers.
If the pool owner is negligent, you may be entitled to recover compensation for your injuries and damages. Contact the Atlanta premises liability attorneys at Henningsen Injury Attorneys, P.C., for a free consultation to discuss your premises liability case.
How To Win a Premises Liability Claim in Atlanta, GA
If you have been injured in a private or public space and want to recover compensation for your injuries, you must prove :
- Duty of Care. To legally be entitled to compensation if injured on someone else’s property, you will first need to prove that the property owner owed you a duty of care. However, a property owner would only owe duty care if you were legally on their property and with their permission. For example, trespassers typically are not owed a duty of care.
- Breach of the duty of care. Once you prove that the property owner has a duty of care, it’s time to prove that they breached it. If a property owner did not warn of or fix a hazardous condition on their premises, that is a breach of duty. Additionally, you must prove that the breach of duty resulted in your injury. When awarding damages, Georgia law weighs the comparative negligence of all parties, including the injured person. If the injured person is found to be 50% or more responsible for their injury, they cannot recover damages.
- Your injuries resulted in losses. In a premises liability case, you must be able to prove that your injuries resulted in damages. You may be entitled to recover losses including lost wages, future earnings, medical expenses, or pain and suffering. However, if the injuries are minor, there may not be any damages at all.
When you turn over your case to Henningsen Injury Attorneys, P.C., our Atlanta premises liability lawyer will take the needed legal actions against the property owners or government entities who cause your injuries. We will determine the options that give you the best possible outcome. If a premises liability lawsuit becomes necessary, our Atlanta premises liability attorneys will build a strong case to secure your chances.
Property Owner Responsibilities in Atlanta, GA
Under Georgia law, all customers are referred to as ‘invitees’. The majority of premises liability lawsuits involve a customer suing the owner of a business open to the public. An owner has to provide the highest standard of care to all their invitees, keeping the premises, parking lots, and entrances of the property safe. Some requirements may include remedying the existing hazards and warning the invitees about any hazards that couldn’t be fixed.
If you are visiting someone’s house as a social guest, there is a lower standard of care that applies. In such a case, you will be considered a licensee, and although the owner doesn’t have to fix any potentially dangerous hazard, he or she may be held liable for any injuries resulting from their willful or wanton behavior.
Lastly, an even lower duty of care is owed to trespassers, as they walk on a property without the owner’s permission. In this instance, property owners are not required to warn trespassers about hidden dangers on their property. However, they can be held liable for injuries resulting from any reckless or willful action. For example, by setting up traps on your property that lead to injury to people crossing your land, you may be liable for any of their harm.
Premises Liability Cases Involving Children
When it comes to premises liability cases involving children, it is essential to note that there is a different standard for them. If the following five situations are present, Georgia property owners may be held liable for the premises liability injuries of a youth:
- The owners knew or must have known that children trespass on their property
- The owners knew or should have known that there was a hazardous condition on their property likely to cause serious injury or death to children
- The trespassing child was not aware of the dangerous condition or did not understand the extent of the danger
- The owners have not exercised reasonable care in removing the hazardous condition
- The burden of removing or fixing the condition has proved to be minor compared to the risk of injury
A common situation is when an owner fails to put up a fence around a pool. It is critical to understand that these rules only apply to children that are considered trespassers. Let’s say that a kid sneaks onto your property, jumps into your swimming pool, and drowns. You may be held liable, as Georgia laws define this doctrine as an attractive nuisance. The doctrine explains that due to their age, children may not be aware of the danger posed by certain conditions. So it is the duty of the owner to exercise reasonable care to protect foreseeable injuries on their property.
Some of the most common attractive nuisances include swimming pools, trampolines, train tracks, ladders, climbing structures, ponds, abandoned cars, downed power lines, old machinery, industrial equipment, construction sites, abandoned buildings, old appliances, or large pits.
Premises Liability Statutes of Limitations in Georgia
The relevant statutes of limitation that apply to a premises liability case in the state of Georgia include:
- Official Code of Georgia Annotated (OCGA) §9-3-33 – this outlines a general statute of limitations for personal injury claims, premises liability included. In such an instance, you have two years to file a premises liability lawsuit.
- OCGA §36-33-5 – filing a claim against a municipality. According to this, you have six months to start the process.
- OCGA §36-11-1 – the time you have to file a lawsuit against a Georgia county is one year.
- OCGA §50-21-26 – relating to claims against the State of Georgia. For such a premises liability claim, you have one year from the date of the incident to file your claim.
Additionally, there are other statutes of limitations that may apply in a Georgia premises liability case, such as OCGA §51-3-1, OCGA §51-3-2, OCGA §51-3-3.
When involved in a premises liability accident, it is critical to have legal representation by your side. One of our Atlanta premises liability lawyers will identify which statute of limitations applies in your case and will work to build a claim within that time frame.
Our main goal is to get you back on your feet and to take some of the pressure off of you and your loved ones. By keeping you updated as your premises case progresses, we will maintain a strong attorney-client relationship while fighting to protect your rights.
Our legal team will work to establish any liable parties, negotiate for a fair settlement, and obtain any forms of financial compensation that the negligent property owner owes you. Contact our office today for a free consultation and let us handle your premises liability case!
Establishing Liability in Your Case
Premises liability calls for the property owner to uphold his or her duty of care, which is to continually inspect their property for the purpose of identifying and fixing dangerous conditions that could jeopardize the safety of their visitors. In cases where the problem cannot be fixed immediately, the owner is expected to post proper warning of the potential dangers. Failure to meet these standards can leave the property owner or manager liable for any accidents or injuries that result.
To determine if a property owner’s negligence resulted in your injury, we will carefully examine each of the following factors:
- The circumstances under which the visitor entered the property
- The purpose of the property (i.e., home, shopping center, etc.)
- The foreseeability of the accident in which you were involved on the property
- The reasonableness of the owner’s repair efforts of the dangerous condition
At Henningsen Injury Attorneys, P.C., your case will be given the individual attention that it deserves. We understand how important the outcome of your case is to you, and our talented legal team is fully prepared to take your case to court to get you a fair settlement if that becomes necessary. We take cases on a contingency fee basis, which means that you won’t be expected to pay any fees up-front or out-of-pocket – you only pay if we secure a favorable outcome.
FAQs on a Premises Liability Case
What If the Property Owner Denies Any Wrongdoing?
In most cases of premises liability, the property owner will deny that they were responsible for contributing to the accident. For this reason, it may be up to you and your lawyer to prove otherwise. To do so, you will need to establish that the property owner knew, or should have known, about the hazardous condition that caused the accident that injured you. Even if it cannot be proven that the property owner had actual knowledge of the hazard, we can still work to show that another reasonable person would have noticed the danger under similar conditions.
To build a strong case, our firm may take the following steps on your behalf:
- Document the scene of the accident/collect evidence
- Interview anyone who witnessed the accident
- Review police reports that were filed after the accident
- Gather and review all of your medical records
Should I Hire a Premises Liability Attorney?
In many cases, the injured party may benefit from consulting an attorney after their accident. If you have encountered issues while filing your premises liability claim, you may benefit from the expertise of a skilled attorney who is experienced in slip & fall and dog bite claims. There may be important evidence or documents that should be secured shortly after your accident that can help you get maximum compensation for your claim. By consulting an experienced premises liability attorney, you may feel reassured that your case is in the right hands and that an important deadline will be met.
Contact Our Firm 24/7 to Set up a Free Consultation
Our premises liability lawyers have been assisting wrongfully injured victims throughout Atlanta for more than a decade. This means your case will be in capable hands when you come to Henningsen Injury Attorneys, P.C. for help with your premises liability claim. We have already recovered millions of dollars on behalf of past clients, and we are willing to do the same for you.Schedule a free initial consultation with our firm. We are available 24/7, and there is never a fee unless we are in your case!
Schedule a free initial consultation with our firm. We are available 24/7, and there is never a fee unless we in your case!