Marietta Premises Liability Lawyer

Marietta Premises Liability Lawyer

Marietta is a lively urban center with heavily traveled roads and thriving entertainment districts. Commuters and daily visitors frequent Cobb Parkway and Roswell Road, and few can resist the shops and eateries of Marietta Square surrounding the historic Glover Park.

But like other communities across the nation, Marietta’s business, commercial, and government properties aren’t immune to hazards. When a property owner’s negligence leads to an accident that injures you or someone you love, you shouldn’t be stuck paying the resulting medical bills. 

A Marietta premises liability lawyer from The Champion Firm can provide you with personalized legal representation and support during this challenging time. We will fight to get you the compensation you deserve so you can focus on your own well-being. 

Why Choose The Champion Firm for Your Marietta Premises Liability Claim?

The personal injury lawyers at The Champion Firm understand the physical, emotional, and financial toll an accident can take on you and your loved ones. Our team provides compassionate support and guidance throughout the legal process, ensuring your needs are met.

Our firm is rooted in experience, dedication, and a commitment to securing the best possible outcome for our clients. Through the years, we have had a strong history of success in personal injury cases, including premises liability claims, and have secured substantial settlements and verdicts for our clients.

We take the time to get to know you and your case personally. Your needs and priorities are our top concern. We tailor our legal strategy to your circumstances, ensuring your voice is heard, and your interests are protected.

 Our attorneys are skilled negotiators and litigators. We are not afraid to go head-to-head with the insurance company to secure a fair offer on your behalf or take your case to trial if the insurance company doesn’t make a reasonable offer.

When you choose The Champion Firm for your premises liability claim, you select a team of experienced Marietta personal injury attorneys passionate about seeking justice for you. We are here to guide you through the legal process, fight for your rights, and help you achieve the compensation you deserve. 

Contact us today for your free, no-obligation consultation, and let The Champion Firm champion your case. 

What Is Premises Liability?

Premises liability is a legal concept that holds property owners or occupiers responsible for injuries or accidents that occur on their property due to unsafe or hazardous conditions. It is based on the principle that property owners have a duty to maintain their premises in a reasonably safe condition to prevent harm to visitors or guests.

Here are some key points to understand about premises liability:

• Duty of Care: Property owners or occupiers owe a duty of care to individuals who enter their premises. The level of duty can vary depending on the person’s status on the property, such as an invitee (e.g., customers), a licensee (e.g., social guests), or a trespasser (someone on the property without permission).
• Unsafe Conditions: To establish a premises liability claim, you must show that there was an unsafe or hazardous condition on the property. This could include wet floors, uneven surfaces, inadequate lighting, poorly maintained staircases, or other dangers.
• Causation: You must prove that the unsafe condition was a direct cause of the injury or accident. In other words, the property owner’s negligence led to the harm suffered by the individual.
• Notice: In some cases, the property owner must have had notice or should have had notice of the hazardous condition. Notice can be actual (the owner was aware of the danger) or constructive (the danger was present long enough that the owner should have discovered it through reasonable inspections).

If a premises liability claim is successful, the injured party may be entitled to compensation for medical expenses, pain and suffering, lost income, and other damages resulting from the injury.

Do I Have a Premises Liability Case?

Whether you have a premises liability case depends on your status as a visitor to the property, the property owner’s duty of care owed to you based on that status, and the specific circumstances of your injury. Let’s break it down in terms of three common categories of visitors: trespassers, licensees, and invitees:

Trespassers

Trespassers are individuals who enter a property without permission or legal right to be there. Property owners typically owe the lowest duty of care to trespassers. They are generally only obligated not to intentionally harm trespassers and to avoid setting traps or hazards with the intent to injure trespassers.

To have a premises liability case as a trespasser, you would generally need to prove that the property owner intentionally caused your injury.

Licensees

Licensees are individuals who enter a property with the property owner’s permission but for their own benefit, not for the property owner’s benefit (e.g., social guests). Property owners owe a higher duty of care to licensees compared to trespassers. They are typically required to warn licensees about known hazards that may not be immediately obvious.

To have a premises liability case as a licensee, you would need to show that the property owner knew about a hazardous condition, did not warn you, and you suffered injuries as a result of that undisclosed danger. This duty only exists if the property owner is aware of the licensee’s presence on their property. 

Invitees

Invitees are individuals who enter a property with the property owner’s express or implied invitation for mutual benefit (e.g., customers in a store). Property owners owe the highest duty of care to invitees. They are expected to regularly inspect the property, correct hazards, and warn invitees of potential dangers, even if the hazards are not readily apparent.

To have a premises liability case as an invitee, you would typically need to demonstrate that the property owner was negligent in maintaining a safe environment, and that negligence directly led to your injury.

Common Types of Premises Liability Hazards

Premises liability hazards can take various forms, and they often result from negligence on the part of property owners or occupiers.

Some common premises liability hazards include:

• Hotel issues
• Restaurant liabilities
• Retail store or business liabilities
• Slip and fall hazards
• Dog bite attacks
• Negligent security
• Swimming pool accidents
• Drownings
• Falling products
• Wet or slippery floors
• Defective or dangerous playground equipment
• Elevator and escalator injuries
• Electrocution and electric shock injuries
• Toxic fumes and substances
• Patio, balcony, or porch collapses
• Unstable infrastructure, including stairwells, walls, or ceilings
• Issues related to poor property maintenance

Who Can You Hold Liable in a Premises Liability Lawsuit?

In a premises liability lawsuit, liability can extend to various parties depending on the specific circumstances of the case. The key factor is determining who had control over the property, who was responsible for its maintenance, and who was negligent in fulfilling their duty of care. Potential parties who can be held liable in a premises liability lawsuit may include:

Property Owners

Property owners are often the primary defendants in premises liability cases. They have a legal duty to maintain their property in a safe condition and to address known hazards or defects.

Property Occupiers or Tenants

If a tenant or lessee occupies a property, they may also share liability with the property owner. The extent of their liability depends on the terms of their lease agreement and their control over the property.

Property Managers

In cases where a property management company is responsible for the day-to-day operations and maintenance of a property, they may be held liable if their negligence contributed to the injury.

Business Operators

In cases involving commercial properties like stores, restaurants, or entertainment venues, the business operators or tenants may be liable if the injury resulted from hazards on their premises, such as spills, broken equipment, or inadequate security.

Government Entities

In some instances, government entities may be liable if a public property, such as a sidewalk, park, or government-owned building, was negligently maintained, and the negligence resulted in an injury.

Homeowners’ Associations

For injuries that occur in common areas of a condominium complex or a housing development with a homeowners’ association, the association may bear responsibility if it fails to maintain those areas properly.

Third Parties

In certain situations, third parties, such as vendors, contractors, security companies, or maintenance personnel working on the property, may be held liable if their actions or negligence contributed to the injury.

Work Injuries and Third-Party Injury lawsuits in Georgia