Premises Liability Claims
Premises liability claims are some of the toughest claims to prove, and there are a number of reasons for that. If somebody has been rear-ended and they come to hire us, I can generally tell if that person who rear-ended my client is at fault. But if I have someone who falls at a store, I don't know if the store is at fault right away. Sometimes I do know, but Georgia law requires that we show the owner or occupier of the property had superior knowledge of the dangerous condition. If our client knew about the dangerous condition but still fell, we can't recover. Or if we are unable to show that the store owner, the occupier of the land, whoever it is, if we can't show that they knew or should have known of that dangerous condition, we can't recover. Without the benefit of a lawsuit and doing discovery and taking depositions and finding witnesses, a lot of times you don't know if you have the evidence or are going to be able to find the evidence to prove a premises liability claim. That is one of the reasons why we have a high standard for taking premises liability cases. Generally if somebody doesn't have a broken bone or something that is going to require surgery or at least something with significant medical treatment and bills, it's probably not a case worth pursuing because what can frequently happen is those claims will be more time consuming and take more money to prove than we can actually get for our clients if they have a very minor injury.