If you were injured on another person’s property in Atlanta, whether a business, a home or a piece of land, you may have what is known as a premises liability claim. Determining whether there is a premises liability claim depends on a number of factors, including the purpose of the injured person’s presence on the property, the nature of the act or condition that caused injury, and the landowner’s or occupier’s actions and/or knowledge about the condition.
Common premises liability claims result from slip and falls, dog bites, collapses of structures (such as decks, stairs or flooring), and even the failure to provide adequate security to protect patrons and visitors from criminal acts. Premises liability claims can be complicated, and it takes a skilled, knowledgeable personal injury attorney to determine whether you have a valid claim. An attorney will be able to tell you if the owner is liable and whether you should talk to the insurance companies. When you contact The Champion Firm, P.C., as soon as possible after your injury, we will take it from there.
What Is Premises Liability?
Under Georgia law, premises liability holds property and business owners legally responsible for dangerous and hazardous conditions that may exist on the property. It is held that the owner or occupier of land has a duty to safety to others who enter the premises and must exercise reasonable care to keep the property safe.
According to state code, “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.”
A negligent property or business owner may be held liable for damages to anyone who was injured or killed on their property. Victims and families of victims may be entitled to compensation for the death or injuries that occurred on that property.
Who Is Responsible When an Accident Occurs on Someone Else’s Property?
There may be more than one party who is responsible for injuries that occurred on someone else’s property. Skilled and competent lawyers at The Champion Firm can go through the facts with you to determine responsibility. The landowner, property manager, business owner or other party or parties may be liable, depending on many factors.
An investigation into these factors will likely be necessary. Liability for the accident depends on the purpose of the injured person’s visit to the property, the nature of the act or condition that caused the accident, as well as the landowner or occupier’s actions or knowledge of the condition of that property. They must control the hazards and risks on their property and protect the safety of their visitors if the visitor is there legally.
Questions about whether the property owner created or knew about the dangerous conditions that caused the accident will have to be answered. It will also have to be determined whether that person took any steps to correct the hazardous situation. Parties who may be liable include land and homeowners, landlords and property managers, retailers, business franchises and government entities if they failed to keep the premises reasonably safe for use by a visitor, tenant, customer, patron or another invitee.
If you are suffering from injuries that occurred on someone else’s property due to their actions or neglect, you deserve to be able to hold people accountable for their negligence.
Common Injuries in Premises Liability Cases
Because of the wide range of accidents that can happen anywhere, there is an enormous variety of injuries in premises liability cases. Some of the more common injuries include broken bones, bruises, and lacerations from slip and fall accidents.
Dog bites and injuries from animal attacks are also common injuries in these cases. Thousands of people suffer serious injuries every year from dog bites and other animal attacks.
The riskiest body of water for children is the pool in the backyard. Accidental drowning is also, unfortunately, a common injury in premises liability cases. According to the CDC’s Water Injuries Factsheet, drownings kill about 10 people a day in the U.S.
Slip and Falls Are Common at Stores in Atlanta
One of the more common types of premises liability claims is an Atlanta slip and fall accident. Businesses are required to keep their aisles tidy, entryways clean, and checkout lines safe. When store employees fail to provide a hazard-free environment and a customer is injured as a result, the business can be held accountable for medical bills and the pain and suffering of the victim.
If you have ever walked down the aisles of any local drugstore or supermarket, you are likely aware of the potential for hazards and risks. From broken jars to unstable display cases, the sheer volume of the inventory in these stores lends itself to potential hazards. Call us if you have suffered a slip and fall at one of the following stores in the Atlanta area:
We have handled slip and fall cases against these stores and others and are well prepared to take your case.
Other Types of Premises Liability Claims in Atlanta
The Champion Firm has successfully handled premises liability claims in many different types of accidents. Dangerous conditions can be caused by any poor maintenance and disrepair, such as slippery or cracked floors, uneven or broken sidewalks or steps, broken handrails, falling merchandise, contaminated food or pool water, malfunctioning elevators, escalators, smoke alarms, and other building code violations.
Trampoline parks. Trampoline parks may seem like a fun new destination in suburban Atlanta, but many people underestimate the nature and severity of injuries that a person can sustain there. Trampoline park injuries occur when safety precautions are not taken and include broken bones, dislocations, concussions, spinal cord injuries, paralysis, and even wrongful death.
Dog bites. Dog bites are a frequent cause of injury in Atlanta. These cases may seem straightforward, but there are many factors to consider when proving liability. It is important that you have an experienced personal injury attorney to investigate and evaluate the facts of your case to determine who can be held responsible for your dog bite injury.
Negligent security. Someone who is injured in a criminal attack on another person’s or business’s property may have what is called a negligent security case. In this type of case, an owner or occupier of land can be held liable if they failed to act reasonably to protect people on their property from a criminal attack.
Structural collapses. When a deck, porch, or roof collapses and people are injured, it is likely that the owner of the property should have known that a danger existed. If this is the case, those who are injured may have a premises liability claim.
Swimming pools. When private owners do not fence in their swimming pools or public pools are negligent in providing competent lifeguards, you may have a premises liability claim in the event of a drowning or near-drowning, but these cases are difficult to prove and you will need legal representation.
The Atlanta Premise Liability Lawyers at The Champion Firm, P.C., Will Fight for You
After first seeking medical attention, call an attorney as soon as possible if you were injured on someone else’s property due to their negligence or actions. Because there are statutes of limitations on seeking compensation for your injuries, it is best to act quickly.
Our attorneys can analyze accident and medical reports, witness statements, insurance documents, and other evidence to determine who is responsible for your injuries. We can handle all of the negotiations with the insurance companies. If they refuse to offer you a fair settlement that accounts for your current and future needs, we won’t hesitate to take them to court to seek what you are owed.
Turn to a legal team with the experience, resources, and track record of successful verdicts and settlements to handle your premises liability claim. The Atlanta premises liability lawyers of The Champion Firm, P.C. are standing by to help you understand your rights and pursue maximum compensation for your injury claim.
Call us or contact us online to schedule a consultation with us today.