A premises liability case is when someone is injured on someone else’s property due to the property owner’s negligence. Whether you are going into a grocery store, an amusement park, or someone’s home, you generally have an expectation that it is going to be a safe place. If that place is not safe and you get injured, you may be able to pursue damages from the responsible party.
Whether or not a property owner is actually liable, however, depends on a few different factors. If you or a loved one have recently been injured on someone else’s property, a premises liability lawyer may be able to help you build a case and pursue compensation.
Common Types of Premises Liability Cases
There are many different types of accidents that result in premises liability cases, including:
- Slip and falls
- Stadium and arena accident
- Theme park accidents
- Elevator or escalator accidents
- Inadequate security
- Swimming pool accidents
- Poor lighting
- Dog bites
- And more
In all of these situations, a property owner may potentially be liable for injuries suffered by another person. However, it is important to note that certain legal prerequisites may need to be met in order to hold a property owner responsible.
For a free legal consultation, call (404) 888-8888
When Property Owners May Be Liable
In order to establish liability in a premises liability case, you may need to prove that the premises owner knew about, or should have known about, the hazard that caused your accident and that they did not take appropriate effort to fix or remove it.
It may also be important to establish that you had an implied or expressed invitation onto this property. O.C.G.A. §51-3-1 tells us that “invitees” are owed a certain duty of care by property owners. This may include everything from a shopper in a grocery store to a guest in someone’s house. However, per O.C.G.A. §51-3-3, a property owner does not owe a duty of care to a trespasser.
A premises liability lawyer may be able to help you examine the details of your case and argue that you were owed a duty of care at the time of your accident.
Damages in a Premises Liability Case
An insurance claim or personal injury lawsuit may allow you to recover compensation for a wide range of damages for a premises liability accident.
Compensation for medical costs is often a top priority for accident victims. If your injury required a hospital stay or prescription drugs, your medical bills may have added up fast. You may be entitled compensation for your medical bills, as well as for your future costs of medical treatment.
If your accident-related injury caused you to miss work, you may be able to recover lost wages. If your medical problems have lasting effects, making it harder for you to work at the same job or for the same amount of hours, that could result in lost earning potential. This damage could factor into your case as reduced earning capability.
You may also be able to recover compensation for non-economic damages, such as pain and suffering, in a premises liability case.
How a Lawyer Can Help
While you do not need a lawyer to file an insurance claim or represent yourself in a personal injury lawsuit, a lawyer can handle these processes on your behalf.
In general, a lawyer may be able to:
- Identify the responsible party or parties in your accident
- Gather evidence of their liability
- Determine your damages and their value
- Handle all communications with the other involved parties,
- Keep you updated on any developments in your case.
Having a lawyer to perform these tasks on your behalf may allow you to focus on recovering from your injuries.
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Get a Free Consultation from Bader Scott Injury Lawyers
Bader Scott Injury Lawyers handles premises liability cases in and around Atlanta. If you would like a free consultation on your accident and your legal options with a member of our team, call Bader Scott Injury Lawyers today at (404) 888-8888.
Bader Scott Injury Lawyers operates on a contingency-fee-basis, meaning we do not charge our clients up-front for our services. Instead, our attorney fees come as a percentage of their settlement offer or court award, if and when they win their case.
Note that O.C.G.A. §9-3-33 imposes a general two-year statute of limitations on personal injury lawsuits in Georgia. Waiting longer than this to take legal action could result in the dismissal of your lawsuit.