If you believe you or a loved one suffered an injury due to the actions or inaction of a property owner, you may be able to file a premises liability claim. You need to have specific proof of their wrongdoing in order to make your case.
The evidence you need to file a premises liability claim in Georgia has everything to do with the property owner or manager, your relation to them, and whether the owner or manager took reasonable steps to correct the hazard. You need to show that the property owner was negligent and that their negligence caused you to suffer an injury. You also must show that you were invited onto the property and not a trespasser.
Under the Georgia Code §51-3-1, a property owner owes an invitee, someone they have invited onto or allowed onto their property, a “duty of care.” That means that there should be no hazards on their property that could cause you harm. If there is such a hazard, and the property owner knew about it and did nothing, they could be considered negligent. For example, if someone were injured in a building’s elevator and there was proof that it was not properly maintained, that could be the evidence needed to file a claim.
You have to show that you were an invitee because no such duty of care is owed to trespassers. If you sustained an injury on a property where you had no permission to be in the first place, you likely lack the legal standing to file a premises liability claim.
Types of Premises Liability Cases
Common types of premises liability cases include:
- Slips, trips, and falls: wet floors, damaged sidewalks, and other slipping or tripping hazards can cause serious injuries.
- Swimming pool accidents: a swimming pool that is not properly secured with proper fencing and gates can lead to tragedy.
- Inadequate security: if someone’s property has inadequate security, and you are harmed as a result, that could be the basis for a premises liability claim.
- Elevator or escalator malfunction: an improperly maintained escalator or elevator can cause injuries. If there is evidence that a property owner is not properly caring for them, they could be held liable.
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Damages That You Can Pursue
If you have been the victim in a premises liability case, there are multiple types of damages that you can pursue. Types of damages include:
- Medical bills
- Lost income
- Diminished earning potential
- Loss of enjoyment
- Pain and suffering
- Wrongful death
When you sustain injuries, medical bills can pile up quickly. You may have to be out of work for an extended period of time. You might be unable to work as much as you once did or at all. You should consider all of these factors when compensation is determined.
Hiring a Lawyer
You do not necessarily need a lawyer to file a premises liability claim in Georgia. A lawyer will help you fight for a fair outcome and can assist you in many other ways.
Your lawyer will quickly file your case for you, which is good because you do not want the statute of limitations to pass. According to statute Georgia Code §9-3-33, you have just two years to sue for personal injury in the state of Georgia. If the property owner was the state or a city, that length of time is even shorter. As you recover from your injuries and get back to living your normal life, time can pass surprisingly fast. A lawyer will ensure that you do not miss out on your chance to pursue compensation.
A lawyer will then gather all the evidence needed to make your case. They will show that there was a problem or hazard that led to your injury. They will show that the owner of the property was negligent. They will also show that you, as an invitee, were owed a duty of care. When you suffered an injury, you were wronged by the property owner and deserve compensation.
An attorney will argue your case for you and try to reach a settlement. If a settlement cannot be reached, your lawyer will take your case to court and fight for you there. They will handle all communications with other involved parties and keep you updated on any changes or developments in your case. You can get back to business while someone fights on your behalf.
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Get Your Free Consultation Today
If you or a loved one sustained an injury in a premises liability case, you can contact Bader Scott Injury Lawyers for a free consultation today. Call (404) 888-8888 and learn more about all of your legal options. We can answer any questions you have about what evidence you need to file a premises liability claim in Georgia.
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