Your Atlanta Premises Liability Attorney
Injured Due to Negligence? Trust Dressie Law Firm for Premises Liability Advocacy.
Do you need an Atlanta premises liability attorney? The Dressie Law Firm is ready to serve you. Book an appointment with us today.
Premises Liability Lawyers in Atlanta, GA
Property owners, whether business owners, rental landlords, or homeowners, must maintain safe premises for guests and visitors. When a person is injured due to improper construction, poorly maintained premises, or inadequate cleanup, the property owner can and should be held liable for those injuries.
However, proving liability may require some legal knowledge and skill. Atlanta premises liability attorneys at the Dressie Law Firm can investigate your case, establish liability, and negotiate a fair and equitable settlement.
We have extensive experience handling premises liability claims, such as slip-and-falls and negligent security. We understand that such a sudden accident can bring along substantial medical expenses and probably long-term physical and emotional damages. Our attorneys prioritize getting you the compensation you deserve to lead a happy and healthy life.
Slip and Fall Injuries
A few key elements must be established for slip and fall injuries to rise to the level of a potentially successful premises liability case. The plaintiff has the burden of proof, and they must show:
- The presence of a hazardous condition on the property
- The owner knew or should have known about the unsafe condition
- The owner failed to take the necessary steps to remedy the situation
- The owner owed them a duty of care based on their status as invitees, trespassers, or licensees.
- They suffered harm from the owner’s negligence, for which the latter is liable.
If a property owner puts up “wet floor” signs and dispatches an employee to clean up the spill, but someone still slips in it despite the warnings, the property owner may escape liability. However, if a spill occurred, a customer told an employee and the employee failed to take any action, and a customer slips and injures themselves 15 minutes later, the store could be held liable because:
- They were informed about the danger
- They failed to take action to prevent injury
This is why an investigation is vital in a premises liability case. If you could prove that you or another person warned the property owner about a hazard and they failed to fix it, you can hold the latter accountable. This is no easy task, but working with a slip-and-fall lawyer can increase your chances of success.
Negligent Security
When most people think of premises liability, they imagine people slipping and falling on wet floors or tripping over boxes in an aisle of a store. Although slip and fall injuries are the most common premises liability cases, they’re not the only ones.
Negligent security is an essential aspect of premises liability law because of the severe damages people often suffer due to criminal behavior. Assaults can leave people with high medical bills and serious emotional trauma. Even if the criminal who committed the assault is caught, they often don’t have the resources to compensate the victim for the damages they caused.
The property owner where the assault occurred is usually covered by some liability policy that often has high limits. In many cases, a skilled premises liability lawyer can investigate and build a compelling case that shows the property owner knew there was a risk for crime on their property but failed to put in place security measures to prevent criminal activity.
Failed security measures can range from broken gates or fences to a lack of adequate lighting in communal areas in a multi-family residential property. So, if you are assaulted or injured on a property with poor security, you may be able to hold the owner accountable.
Premises liability lawyers will investigate your case to establish the property owner’s negligence and how it contributed to your injuries and damages. A skilled attorney will:
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Check if prior criminal activities on the premises exist
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Assess the availability and efficiency of security measures
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Interview witnesses and previous victims if available
Premises liability attorneys at Dressie Law Firm are skilled in negligent security claims and are ready to help you secure compensation for your damages.
Attractive Nuisance Doctrine in Georgia
An attractive nuisance is any hazard that might attract children, such as abandoned properties with swimming pools.
When a trespassing child is injured on a property where they shouldn’t be but were allured to by an attractive nuisance, the law will likely determine that they don’t have the ability to know better or make good decisions about safety. Property owners will be responsible for any injuries the trespassing child sustains if the following conditions exist:
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The property owners are aware or should have been aware of a danger that can cause death or injury.
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The property owners’ awareness of the trespass of children on the property.
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The property owners did not take steps to correct or remove the danger.
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The trespassing children can’t understand the dangerous conditions.
Property owners can shield themselves from liability by creating barriers or removing attractive nuisance hazards from their property. If the property owner can prove they built fences, installed padlocks, and took extra steps to prevent children from accessing an attractive nuisance on their property, they may be able to reduce their liability risk.
Common Causes of Premises Liability Injuries
The following are some of the causes of premises liability injuries:
- Poorly constructed structures
- Water on walkways
- Faulty stairs and railings
- Faulty elevators
- Obstruction in walkways
- Having a code violation system
- Structural failings
- Inadequate lighting in walkways
- Faulty house electrical connections
Other premises liabilities include dog bites and bed bugs.
Damages Available to You for Premises Liability Accidents
You can claim several damages if you sustained a serious personal injury on another person’s premises, including:
Economic Damages
Economic damages cover any expenses you incurred due to the premises liability accident. These include medical bills, out-of-pocket expenses, future medical expenses, lost wages, and loss of earning ability.
Non-economic Damages
Non-economic damages include compensation for loss of quality of life and the pain and suffering you experience due to the premises owner’s negligence. These non-tangible damages can be tricky to calculate, so consulting an experienced premises liability lawyer is necessary.
Punitive Damages
Punitive damages are awarded to punish or deter the defendant. If you prove that the premises owner’s actions or lack thereof are malicious, you can be awarded punitive and economic and non-economic damages. This kind of damages may only be granted if your premises liability attorney specifically pleads for it in the trial.
The Statute of Limitations for Premises Liability Accident
Under Georgia law, premises liability claims must be filed within two years of the accident that caused your injuries. Remembering this filing deadline when you decide to proceed with your personal injury claim is crucial. Sometimes, things don’t go as expected, and you may need to take your claim to court after negotiations fail with the at-fault party’s insurance company.
If you spend too much time on out-of-court negotiations, you may lose your opportunity to litigate your claim. Working with a skilled premises liability lawyer can help you make the right decisions to protect your case and interests.
What to Do After a Premises Liability Accident
After a premises liability accident, your priority should be seeking medical attention for your injuries. Once you have received medical treatment, consider taking the following steps:
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Report the incident to the property owner or manager and get a copy of the report.
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Take pictures of the accident scene and your injuries.
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Get the names and contact information of any witnesses present during the accident.
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Record all medical treatment, including medical bills, prescriptions, doctor’s notes, etc.
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Contact a skilled premises liability lawyer to guide you through the legal process and help you secure fair compensation for your damages.
Remember, the property owner or manager may try to downplay the incident and offer a low settlement. Do not accept any offers or admit fault without consulting your lawyer first.
The Dressie Law Firm Is Here to Help
If you or a loved one have suffered an injury due to a business or property owner’s failure to maintain safe premises, you should strongly consider consulting with a personal injury attorney from the Dressie Law Firm. These accidents often result in serious injuries that can be expensive to treat and put people out of work for extended periods.
Whether the property owner could be liable is often up for debate. Our Atlanta premises liability lawyers are experienced in handling premises liability lawsuits and can help you understand how the court may view your premises liability claim.
Contact us today for a free consultation with an experienced premises liability attorney at the Dressie Law Firm.
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Get in touch with the highly experienced Atlanta personal injury lawyers at the Dressie Law Firm.